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The National Labor Relations Act › Collective Bargaining

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
CDF Labor Law LLP

NLRB Acting General Counsel Addresses Surreptitious Recording of Collective Bargaining Sessions

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The National Labor Relations Board (NLRB) has not previously addressed whether the surreptitious recording of collective bargaining sessions is a standalone violation of the National Labor Relations Act (NLRA). However, with...more

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

New Jersey Lawmakers Mull Stronger Labor Protections for Cannabis Industry Workers

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New Jersey lawmakers recently advanced a bill that would expand labor protections for workers in the cannabis industry. If enacted, the measure—which provides stronger union organizing rights, protections for employee...more

BakerHostetler

“Please (Don’t) Speak into My Lapel”: Secret Recordings at the Bargaining Table Are Now a Per Se Violation of the NLRA

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Back in 2021, we reported on a D.C. Circuit decision that the National Labor Relations Board (NLRB or Board) could rely on a secret, arguably illegal, recording of an employer meeting with employees in finding that the...more

Lippes Mathias LLP

Trust Issues: NLRB General Counsel Says No to Secretly Recording Bargaining Sessions

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In a world where it is far too easy to click ‘Record’, National Labor Relations Board (NLRB) Acting General Counsel William Cowen has pressed ‘Delete’ on a party’s ability to secretly record a collective bargaining session....more

Conn Maciel Carey LLP

Changes on the Horizon for the National Labor Relations Board

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A period of inactivity at the top adjudicative level of the National Labor Relations Board (NLRB) may soon be over with the potential appointment of two new Board members. Last week, the President nominated Scott Mayer and...more

Epstein Becker & Green

President Trump Announces Nominees for Two Vacant Seats on the National Labor Relations Board

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On July 17, 2025, President Trump announced that he was nominating Scott Mayer and James R. Murphy, both Republicans, to serve as Members of the National Labor Relations Board....more

Sheppard Mullin Richter & Hampton LLP

NLRB Acting General Counsel Cowen Directs Regions to Prosecute Secret Recordings of Collective Bargaining Sessions as Per Se...

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As we have previously reported, the National Labor Relations Board (“NLRB” or the “Board”) is likely to undergo substantial policy changes during President Trump’s second term. This process began when President Trump took the...more

BakerHostetler

‘Preemption? What Preemption?’ New York Bill Attempts To Supplant the NLRB

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The National Labor Relations Board (NLRB or the Board) has been in a state of limbo since the beginning of President Donald J. Trump’s second term. Now, New York is trying to fill that void....more

CDF Labor Law LLP

The Faster Contract Act: A Republican-Proposed Landmark Shift in Labor Negotiations

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Senate Bill 844, also known as The Faster Labor Contracts Act was introduced in March 2025. As labor relations matters continue to stagnate before the quorum-less National Labor Relations Board (“NLRB”), this new bill is...more

Ballard Spahr LLP

NLRB Acting General Counsel Says Secretly Recording Union Negotiations is Unlawful

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The National Labor Relations Board’s (NLRB) Acting General Counsel recently concluded that surreptitious recordings of collective bargaining sessions is a per se violation of the National Labor Relations Act (the Act). In...more

Proskauer - Labor Relations Update

NLRB Acting GC: Secret Recordings Of Negotiations Violate NLRA  

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On June 25, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-07 to the Board’s 26 regional offices arguing that if an employer or union...more

Dickinson Wright

Who’s the Boss? Understanding Joint Employment Under the NLRA

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Our story begins like this: Your business is notified of a National Labor Relations Board (“NLRB”) Unfair Labor Practice Charge (the “Charge”). You’re about to email your lawyer when—here’s the twist—you learn your company is...more

Fisher Phillips

The Railway Labor Act: A Practical Guide For Employers In Air And Rail Transportation

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While most employers in the U.S. must comply with the National Labor Relations Act (NLRA), employers in the railroad and airline industries need to understand the Railway Labor Act (RLA) and how its unique requirements impact...more

Proskauer - Labor Relations Update

SAG-AFTRA Strikes Back:  Files ULP Over AI Darth Vader in Fortnite

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On May 19, 2025, the Screen Actors Guild‐American Federation of Television and Radio Artists (“SAG-AFTRA”)—the union representing actors, voice artists, and other media professionals—filed an unfair labor practice charge...more

Fisher Phillips

Is Darth Vader Luring AI to the Dark Side of Labor Law? Why Latest Union Battle Means Employers Should Proceed with Caution

Fisher Phillips on

A video game developer needs to hope that the Force is with it as it squares off with a union over the use of artificial intelligence in the workplace. SAG-AFTRA just filed an unfair labor practice (ULP) charge against Epic...more

Epstein Becker & Green

Major Changes at the NLRB: A New Acting General Counsel, the Rescission of Biden-Era General Counsel Memoranda, and the...

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To say that the past fifty days have been a period of significant changes at the National Labor Relations Board (“NLRB” or “Board”) is surely an understatement....more

Smith Anderson

NLRB Acting General Counsel Overturns Numerous Pro-Labor Biden-Era Policies

Smith Anderson on

On February 14, 2025, the National Labor Relations Board’s ("NLRB" or "Board") Acting General Counsel ("GC"), William Cowen issued General Counsel Memoranda ("GC Memo") 25-05, which rescinded more than a dozen GC Memos issued...more

Spilman Thomas & Battle, PLLC

The Pendulum Swings – Changes at the NLRB Under the Trump Administration

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The installation of a new Administration with a fundamentally different philosophical identity once again foreshadows fundamental changes in the relationship between private sector employees and employers governed by the...more

Bricker Graydon LLP

Be Wary of Concerted Protected Activity

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We often get a raised eyebrow or a confused look when discussing the National Labor Relations Act (NLRA) or National Labor Relations Board (NLRB). For companies free from union activity and free from following a collective...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2024 Year-End Review

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The hits just kept coming from the National Labor Relations Board in 2024. The final year of the Biden board produced a flurry of decisions that kept labor practitioners on their toes. It seemed that each month, there was a...more

McDermott Will & Schulte

Trump, Court Actions Curtail Union Involvement in Federal Contracts

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Federal contractors spent the past three years navigating executive mandates limiting their ability to select their own workforces after being awarded a large federal service contract. These mandates also required them to use...more

Constangy, Brooks, Smith & Prophete, LLP

Labor & employment in Week 3 of Trump 2: The Empire Strikes Back

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Resistance is building. In his third week in office, President Trump is beginning to meet with resistance to some of his initiatives. Here is the latest. Court blocks voluntary separation program -- at least, until Monday....more

Fisher Phillips

What Employers Need to Know About the Current State of the NLRB

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A series of game-changing moves from the White House have left employers struggling to understand the lay of the land when it comes to the nation’s labor law. Even though it might feel like we’re entering unchartered...more

Proskauer - Labor Relations Update

Ninth Circuit Buys a Circuit Split on Available Remedies Under the NLRA

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On January 21, 2025, the U.S. Court of Appeals for the Ninth Circuit enforced a National Labor Relations Board (“NLRB” or the “Board”) order requiring Macy’s to provide workers with heightened remedies in response to an...more

McDermott Will & Schulte

Unpacking the Biden Administration’s Last-Minute Antitrust Worker Protections

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In the final week of the Biden administration, the antitrust enforcement agencies – the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) – released two policies potentially impacting labor markets. The...more

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