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The National Labor Relations Act › Labor Relations › Corporate Counsel

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 -
Sheppard Mullin Richter & Hampton LLP

Hold the Salt: Key Takeaways from the NLRB’s New Guidance on Union Salting

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The National Labor Relations Board (“NLRB”) is sharpening its focus on “salting”—the practice of union organizers seeking employment with non-union employers to facilitate organizing campaigns. On July 24, 2025, the NLRB’s...more

Proskauer - Labor Relations Update

Fifth Circuit Bites into NLRB: Apple’s Union Campaign Conduct Lawful

Proskauer - Labor Relations Update on

In the latest (of many) U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders, the Fifth Circuit has tackled employer actions during organizing campaigns. In Apple Inc. v. NLRB, No....more

Fox Rothschild LLP

States Pondering ‘Trigger’ Legislation to Enforce the National Labor Relations Act

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Several states are considering “trigger” laws that would allow their own labor authorities to effectively enforce labor laws if the National Labor Relations Board (NLRB or Board) fails or is unable to do so. This...more

Proskauer - Labor Relations Update

Supreme Court Declines to Revisit NLRB Deference Post-Loper Bright

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On March 24, 2025, the Supreme Court declined to review a Ninth Circuit decision that provided an opportunity to clarify how its landmark decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024) affects the...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

Epstein Becker & Green

President’s Termination of NLRB General Counsel and Member - What Does This Mean?

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As expected, the Trump administration has shifted the National Labor Relations Board (“NLRB”) into a new era marked by notable changes that will reshape the Board....more

Husch Blackwell LLP

Understanding the NLRB General Counsel’s Memo on “Stay-or-Pay” Provisions: What Employers Need to Do by December 6

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On October 7, 2024, the Office of the General Counsel issued a new memorandum, GC 25-01, expanding her prosecutorial agenda to remedy what she sees as the harmful effects of non-compete agreements and so-called “stay-or-pay”...more

Fisher Phillips

Illinois Joins Trend to Ban “Captive Audience” Meetings: 5 Steps Employers Can Take to Comply

Fisher Phillips on

Illinois just became the latest state to ban employers from holding mandatory meetings with employees concerning religious or political matters, including discussions on union representation. Such employer-sponsored meetings,...more

Littler

Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

Littler on

On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more

Seyfarth Shaw LLP

When Lawful Proposals Become Unlawful Bargaining Conduct: The Board Holds An Employer’s Adherence to Lawful Proposals Nonetheless...

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Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful...more

Constangy, Brooks, Smith & Prophete, LLP

Employee engagement. Be careful how you seek it.

Constangy, Brooks, Smith & Prophete, LLP on

In the 21st century world of employee relations, most corporate cultures and mission statements include a tenet regarding employee engagement. Engaged employees are believed to be more productive and less likely to leave for...more

Chartwell Law

Amazon Labor Union Gets Big Win Before ALJ

Chartwell Law on

On November 21, 2023, Administrative Law Judge Lauren Esposito found that Amazon.com Services LLC (“Amazon”) violated the National Labor Relations Act (the “Act”). Amazon’s actions offer a cautionary tale for employers, who...more

Seyfarth Shaw LLP

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

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Seyfarth Synopsis: Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the...more

Sheppard Mullin Richter & Hampton LLP

Judge Issues First Post-Cemex Bargaining Order Despite Employer Winning Union Election

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As we previously reported and discussed here, the Cemex Construction Materials Pacific, LLC ruling has dramatically changed the threshold that will prompt the National Labor Relation Board (“NLRB”) to issue mandatory...more

Jackson Lewis P.C.

Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers

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In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more

Littler

NLRB Limits Employers’ Right to Make Unilateral Changes Based on Past Practice

Littler on

In two recent decisions the National Labor Relations Board overruled precedent that had allowed unionized employers to lawfully change terms and condition of employment if the changes were consistent with past practice or an...more

Epstein Becker & Green

NLRB Delivers Labor Day Gifts to Unions

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It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...more

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

Past Practice in the Past? NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

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

On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door...more

Amundsen Davis LLC

Supreme Court Allows Company to Sue a Union for Damages Caused by a Work Stoppage

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On June 1, 2023, the Supreme Court of the United States (SCOTUS) held that federal law does not preempt the right of an employer to sue a striking union for damages in state court if the union failed to take reasonable...more

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

NLRB General Counsel Seeks Quicker Compliance With Board Orders

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

In yet another effort to speed up the processing of cases, the National Labor Relations Board (NLRB) general counsel on May 22, 2023, issued a memorandum instructing Regional Offices to speed up compliance with Board-ordered...more

Miles & Stockbridge P.C.

NLRB Returns to Decades-Old Standards for Assessing Employee Misconduct at Work

Miles & Stockbridge P.C. on

The National Labor Relations Board has reverted to decades-old standards for assessing whether employee misconduct during the course of protected activity should be protected under federal labor law. The Board’s move will...more

Morgan Lewis

The NLRB’s Next Era: Practical Takeaways from Key 2022 Year-End Decisions

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Leading up to National Labor Relations Board (NLRB) member John F. Ring’s departure on December 16, 2022, labor advocates held their collective breath, awaiting what is often a flurry of decisions as Board members push their...more

FordHarrison

NLRB Rules Employers Cannot Unilaterally Cease Dues Checkoff After CBA Expiration

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Executive Summary: On October 3, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or Board) reversed its previous ruling from 2019 and held that a union dues checkoff provision should be treated as part of...more

Proskauer - Labor Relations Update

NLRB Releases Spring Rulemaking Agenda Forecasting Changes To Joint Employer Standard and Representation Election Procedures

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On June 21, 2022, the National Labor Relations Board (“NLRB”) released its rulemaking agenda for Spring 2022, indicating the Board is considering revisions to two significant and tumultuous topics pursuant to the rulemaking...more

Proskauer - Labor Relations Update

General Counsel Abruzzo Looks to Overturn Board Precedent Again: This Time, Seeking to Broaden Union Access to Public Spaces

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In an Advice Memorandum released on May 25, 2022, NLRB General Counsel Jennifer Abruzzo laid out a blueprint for changes she’d like made to Board precedent concerning union representatives’ access to employer property. At...more

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