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Denying The Existence of a Bargaining Impasse Doesn’t Make It True, at Least Not in the D.C. Circuit

On June 13, 2025, the D.C. Circuit refused to enforce an “irrational” Board order finding an employer violated its duty to bargain by declaring impasse. By declaring impasse, the employer sought to implement its last, best,...more

ALJ Backs Hospital’s Right to Delay Returning Strikers to Work

An NLRB administrative law judge recently confirmed that a California hospital system had the right to keep replacement workers on the job for the duration of its contractual commitment to a staffing agency even though...more

Love May Be Blind, but the NLRB Is Not: Board Argues that Reality TV Show Contestants Are Employees

National Labor Relations Board General Counsel (GC) Jennifer Abruzzo issued a complaint on Wednesday, December 11, 2024, stating that contestants on the popular reality show Love is Blind are required to be classified as...more

Cutting Hazard Pay is Hazardous: Third Circuit Admonishes Nursing Home for Stopping COVID-19 Bonuses

In Alaris Health at Boulevard East v. National Labor Relations Board, Case Nos. 23-1946 and 23-1976 (3d Cir. Dec. 9, 2024), the U.S. Court of Appeals for the Third Circuit enforced the National Labor Relation Board’s decision...more

Sixth Circuit Clarifies Employer’s Bargaining Obligations During Public Health Emergencies

In National Labor Relations Board v. Metro Man IV, LLC, Case No. 07-CA-264407 (6th Cir. Aug. 29, 2024), the U.S. Court of Appeals for the Sixth Circuit partly upheld and partly reversed a National Labor Relations Board...more

D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”

Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more

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