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The Labor Board Rises: President Trump Names Two NLRB Nominees, Meaning Potential for Quorum in Near Future

On July 16, President Donald Trump nominated to the National Labor Relations Board (NLRB or Board) Boeing’s chief labor counsel, Scott Mayer, and former NLRB attorney James Murphy. To be seated as Board members, Mayer and...more

Trump’s Valentine to Employers: The NLRB’s Acting General Counsel Undoes His Predecessor’s Agenda

On Feb. 14, the NLRB’s acting GC, Cowen, issued a memorandum to Board personnel rescinding more than 30 “GC memoranda” issued by the former GC, Abruzzo. Cowen’s action – which had been expected after President Donald Trump...more

‘You’re Fired’: Trump Takes Aim at the NLRB

As part of the flurry of executive actions taken during the first week of his administration, President Donald Trump has terminated the general counsel of the National Labor Relations Board (NLRB or the Board), as well as one...more

What a Year in Labor: Top 10 Labor Cases and Developments You Should Know from 2024

In 2024, labor law continued to generally favor employees under the Biden National Labor Relations Board (the Board). Notable developments included establishment of an employee right to wear clothes espousing political speech...more

Return of the (Pro-Employer) Jedi: The NLRB Under a Second Trump Administration

Early in his presidency, Joe Biden promised to be “the most pro-union President leading the most pro-union administration in American history.” ...more

The NLRB Returns to Its Pre-2020 Policies and Procedures in Its “New” Blocking Charge and Voluntary Recognition Rules

The National Labor Relations Board (NLRB or Board) recently revived its “blocking charge” policy, voluntary recognition process and construction industry bargaining relationship policy by returning to its pre-April 2020...more

A ‘Grande’ Decision for Employers: The Supreme Court Raises the Bar on Section 10(j) Injunctions

Four months ago, we told you about a brewing labor law issue – whether the National Labor Relations Board (NLRB or Board) must satisfy the traditional preliminary injunction standard to secure an injunction against an...more

Not So Fast: Fifth Circuit Partially Reverses the NLRB’s Thryv Decision

In a follow-up to our December 2022 blog post and December 2023 year-end roundup alert regarding the National Labor Relations Board’s (NLRB or Board) decision in Thryv, Inc., the United States Court of Appeals for the Fifth...more

Here We Go Again: The National Labor Relations Board Reintroduces Chaos to Employee Handbooks

There was little doubt that the current National Labor Relations Board (NLRB or the “Board”) would overrule the Trump-era test in The Boeing Company for evaluating work rules in favor of a more employee-friendly standard. The...more

NLRB Gifts Employees Expansive Remedies in Time for the Holiday Season

“You get more remedies! You get more remedies! Everybody gets more remedies!” Employers found to have committed an unfair labor practice (ULP) now may be required to compensate employees for interest and late fees on...more

FAQs: COVID-19 – General Labor and Employment Legal Concerns – April 6, 2020 Update

BakerHostetler’s COVID-19 Labor and Employment Issues Task Force issued a set of FAQs on March 18, 2020 and another on March 30, 2020 regarding general legal issues concerning the COVID-19 pandemic....more

Weigand v. N.L.R.B: A Double Standard for Social Media?

On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could...more

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security...more

Not So Fast, My Friend! Eleventh Circuit Weighs In On NLRB Recess Appointment Issue

As we previously reported, the United States Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013) struck down President Barack Obama’s “recess appointments” of three members of the...more

Solidarity Forever? When it Comes to Obamacare and Unions, Maybe Not.

From the time of his initial run for President, and throughout his time in office, President Barack Obama has had the near universal support of organized labor....more

9/13/2013  /  Affordable Care Act , AFL-CIO , Unions

Closing Shop: Courts Look to Rein in the NLRB

Over the past several years, the National Labor Relations Board (“NLRB” or “Board”) has engaged in an aggressive campaign to extend its reach into non-union workplaces with the goal of facilitating unionization....more

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