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Jurisdiction National Labor Relations Board The National Labor Relations Act

Genova Burns LLC

NLRB General Counsel Wants More Input From The National Mediation Board To Decide Questions Of Agency Jurisdiction

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On July 29, 2025, the Acting General Counsel of the National Labor Relations Board directed NLRB staff across the country to refer questions on whether an employer might be covered by the Railway Labor Act (RLA) to the...more

Fisher Phillips

NY Hits Play While NLRB on Pause: Inside the State’s New Labor Bill

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Recent uncertainty at the federal level involving labor relations disputes has prompted states to take action, particularly since the National Labor Relations Board (NLRB) currently has too many vacancies to issue decisions....more

CDF Labor Law LLP

Ninth Circuit Holds Work-Preservation Defense Available in Section 8(b)(4)(D) Jurisdictional Disputes

CDF Labor Law LLP on

Sometimes employers are subject to multiple collective bargaining agreements (CBA’s) that allow different unions to perform the same work for the employer. When this issue arises, the employer cannot resolve the dispute...more

Jackson Lewis P.C.

Puerto Rico High Court Confirms Employers Need to Check NLRA Preemption of Local Employment Law Claims

Jackson Lewis P.C. on

The Puerto Rico Supreme Court has reaffirmed that Puerto Rico courts lack subject-matter jurisdiction over employment claims that arguably involve unfair labor practices covered by the National Labor Relations Act (NLRA). ...more

Davis Wright Tremaine LLP

A Ceasefire in the Jurisdictional (Star) Wars: SpaceX and the NLRB Seek Guidance from National Mediation Board

Cosmic shifts are happening in the jurisdictional landscape between the National Labor Relations Act (NLRA) and Railway Labor Act (RLA). These shifts have implications for private employers, as they have different rights and...more

Foley & Lardner LLP

NLRB Potential Remedies: Sign of Things to Come?

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Over the past few years, a labor-friendly National Labor Relations Board (NLRB or “the Board”) has expanded the scope of the NLRB’s jurisdictional reach in multiple ways, notably in the area of potential remedies. Indeed, in...more

Proskauer - Labor Relations Update

Third Circuit Brews a Limit on NLRB’s Remedial Authority

On December 27, 2024, the United States Court of Appeals for the Third Circuit (“the Third Circuit” or “the court”) vacated a portion of an NLRB (“the Board”) order requiring Starbucks to compensate two allegedly wrongfully...more

Proskauer - Labor Relations Update

Supreme Court Remands NLRB Successor Bar Case, Signaling Potential Changes to Board Deference Doctrine

On December 16, 2024, the U.S. Supreme Court vacated a D.C. Circuit opinion in Hosp. Menonita de Guayama, Inc. v. Nat’l Lab. Rels. Bd., 94 F.4th 1 (D.C. Cir. 2024) that upheld a decision by the National Labor Relations Board...more

Morgan Lewis

National Mediation Board Revokes Jurisdiction over Airline Service Providers; NLRB Likely to Fill the Vacuum

Morgan Lewis on

In Swissport Cargo Services LP, the National Mediation Board drastically altered the labor landscape for airline service providers, abandoning 40 years of precedent, by determining that the Railway Labor Act does not apply to...more

Ward and Smith, P.A.

Avoid the Hot Seat: An Interview with the NLRB

Ward and Smith, P.A. on

At Ward and Smith’s recent annual Employment Law Symposium, two attorneys from the firm’s labor and employment group, Grant Osborne and Genesis Torres, interviewed Shannon Meares of the National Labor Relations Board ("NLRB"...more

BakerHostetler

Viral Layoffs: Important Considerations for Employment Actions in the Digital Age

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Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more

Akin Gump Strauss Hauer & Feld LLP

NLRB’s Joint Employer Rule Vacated

The National Labor Relations Act (NLRA) gives employees the right to unionize and imposes obligations on employers to collectively bargain with unions representing their employees. Failing to recognize those rights and...more

Pillsbury Winthrop Shaw Pittman LLP

NLRB Shoots Its Shot: Dartmouth Basketball Players Deemed Employees, Allowed to Hold Union Election

Region 1 of the National Labor Relations Board (NLRB) found that student-athletes on the Dartmouth College men’s basketball team are “employees” within the meaning of the National Labor Relations Act (NLRA) and directed a...more

Proskauer - Labor Relations Update

Board Updates Considerations For When Regional Directors May Order Mail-Ballot Elections

A significant change to the manner in which representation elections have been conducted during the COVID-19 pandemic is the increased frequency of mail-ballot elections – whereas, previously, such elections were extremely...more

Carlton Fields

Eighth Circuit Affirms Ruling That NLRB Retains Jurisdiction to Review Arbitration Decision on NRLA Charge, Not Court

Carlton Fields on

An arbitrator resolved a dispute between the parties in favor of the union, deciding that Exide Technologies had violated the collective bargaining agreement and the National Labor Relations Act (NLRA) by unilaterally...more

Cozen O'Connor

NLRB Severely Limits Jurisdiction Over Religious Schools

Cozen O'Connor on

On June 10, 2020, a three-member panel of the National Labor Relations Board issued a decision limiting its own jurisdiction over the faculty of self-identified religious educational institutions. ...more

Littler

NLRB Reverses Course, Holds it has no Jurisdiction over Faculty at Religious Institutions of Higher Education

Littler on

In a decision released on June 10, 2020, the National Labor Relations Board reversed its prior position regarding whether the Board may exercise jurisdiction over faculty at religious institutions of higher education.  The...more

Seyfarth Shaw LLP

In An Important Ruling for Religious Educational Institutions, The National Labor Relations Board Overrules Prior Decision and...

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Seyfarth Synopsis: The National Labor Relations Board (“NLRB”) issued an important ruling strongly protecting the First Amendment rights of religious educational institutions, holding that “while the [National Labor...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Disentangles Itself From Religious Education Institutions

On June 10, 2020, the National Labor Relations Board (NLRB) renounced jurisdiction over faculty employees at most religious educational institutions. The Bethany College case overruled the NLRB’s 2014 Pacific Lutheran...more

Fisher Phillips

NLRB Will No Longer Exercise Jurisdiction Over Religious Educational Institutions

Fisher Phillips on

In a major reversal of a 2014 Obama-era precedent, the National Labor Relations Board just ruled that it will no longer assert jurisdiction over bona fide religiously affiliated schools. This decision is of enormous...more

Proskauer - Labor Relations Update

NLRB Establishes Bright-Line Test Denying Jurisdiction over Religious Educational Institutions

We have seen this movie before. NLRB precedent established by the Board under the prior Administration conflicted sharply with decisions by the D.C. Circuit reviewing the Board. Then the current iteration of the Board...more

Proskauer - Labor Relations Update

NLRB Decides to Assert Jurisdiction Over Charter Schools On A Case By Case Basis

The NLRB continues to operate during the novel coronavirus crisis. Regional offices are largely working remotely as is the rest of the country. The Board itself continues to issue decisions, albeit at a slower pace than...more

Proskauer - Labor Relations Update

D.C. Circuit Vacates NLRB Decision, Reinforcing Board’s Limited Jurisdiction over Religious Schools

Similar to other disagreements between the NLRB and D.C. Circuit, a tension developed during the last several years regarding the appropriate standard to determine whether teachers at religious schools are covered by the NLRA...more

Cozen O'Connor

Circuit Court Once Again Reins in NLRB Over Jurisdiction

Cozen O'Connor on

This week, the U.S. Court of Appeals for the District of Columbia Circuit decided the matter of Duquesne University of the Holy Spirit v. National Labor Relations Board, and held, once again, that the Board’s effort to extend...more

Proskauer - Labor Relations Update

Are Charter Schools Covered by the National Labor Relations Act? NLRB to Reconsider Its Jurisdiction over Charter Schools

On February 4, the NLRB granted United Federation of Teachers, Local 2, AFT, AFL-CIO’s (the “Union”) request for review of the Regional Director’s Decision and Direction of Election concerning a decertification petition filed...more

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