NLRA, Unfair Labor Practices

NLRB GC Declares Secret Recordings in Bargaining a Per Se NLRA Violation

Burr & Forman on 8/15/2025

On June 26, 2025, the Acting General Counsel of the NLRB, William B. Cowen, issued GC Memorandum 25-07 (“Memorandum”) asserting that secretly recording collective-bargaining sessions – without the knowledge or consent of the...more

NLRB’s Acting General Counsel Provides Employers with Sweet Guidance About Union “Salts”

Spilman Thomas & Battle, PLLC on 8/13/2025

Unions sometimes use a strategy called “salting” to organize employees. It occurs when a union sends a union member (a “salt”) to an unorganized job site to obtain employment and then organize the employees. Because job...more

NLRB General Counsel Gets Salty: Directs Regions to Take a Closer Look at Whether an Applicant for Employment in a ‘Salting’ Case...

BakerHostetler on 8/13/2025

On July 24, William B. Cowen, the acting general counsel (GC) of the National Labor Relations Board (NLRB or Board), issued GC Memorandum 25-08 (Memo) to the Board’s regional offices (Regions) to provide guidance on...more

New NLRB Salting Guidance: What California Employers Need to Know

CDF Labor Law LLP on 8/12/2025

July 25, 2025 – Memorandum GC 25-08 - The NLRB’s Acting General Counsel (GC), William Cowen, has issued new marching orders for how the agency will investigate “salting” cases – when union organizers apply for jobs with...more

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

Sheppard Mullin Richter & Hampton LLP on 8/12/2025

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

NLRB Acting General Counsel Addresses Surreptitious Recording of Collective Bargaining Sessions

CDF Labor Law LLP on 8/11/2025

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

Charges Deferred, Grievances Preferred: NLRB Acting GC Issues New Guidance on Deferring Unfair Labor Practice Charges

Proskauer - Labor Relations Update on 8/11/2025

On August 7, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), William B. Cowen, issued GC Memorandum 25-10 providing revised guidance concerning the deferral of unfair labor practice...more

New Jersey Lawmakers Mull Stronger Labor Protections for Cannabis Industry Workers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/8/2025

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

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

BakerHostetler on 8/7/2025

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

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

Lippes Mathias LLP on 8/7/2025

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

National Labor Relations Board updates guidance for investigating salting cases

Clark Hill PLC on 8/5/2025

On July 24, the National Labor Relations Board’s Acting General Counsel, William B. Cowen, issued updated guidance for investigating salting cases that will likely enhance employers’ chances of prevailing before the board....more

Acting NLRB General Counsel Issues Guidance for Salting Cases

Littler on 8/1/2025

On July 24, National Labor Relations Board Acting General Counsel (AGC) William B. Cowen issued Memorandum GC 25-08 (the “Salting Memo”), which provides case processing guidance to the Regions for investigating...more

NLRB Acting General Counsel issues memorandum on union salting

Eversheds Sutherland (US) LLP on 8/1/2025

On July 24, 2025, Acting General Counsel William B. Cowen of the National Labor Relations Board (NLRB) issued GC Memorandum 25-08, offering updated guidance to regional offices evaluating cases involving “salting”—a union...more

Hold the Salt: Essential Takeaways from NLRB Acting GC’s Guidance On Union Salting Investigations

Proskauer - Labor Relations Update on 7/29/2025

On July 24, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-08 to the Board’s 26 regional offices providing guidance on determining if an...more

Trump Names New Labor Board Nominees: The 5 Cases That Could Soon Reshape the Law

Fisher Phillips on 7/21/2025

After several months without a functioning quorum, President Trump nominated James Murphy and Scott Mayer to fill vacant seats on the National Labor Relations Board late last week, signaling the potential for a significant...more

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

Proskauer - Labor Relations Update on 7/17/2025

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

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

Fox Rothschild LLP on 7/15/2025

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

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

Sheppard Mullin Richter & Hampton LLP on 7/14/2025

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

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

Dickinson Wright on 6/30/2025

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

The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part II

Husch Blackwell LLP on 6/26/2025

Host Tom Godar welcomes back to the show Husch Blackwell attorney Mary-Ann Czak for the second installment of a two-part discussion on a recently published memorandum from William Cowen, Acting General Counsel of the National...more

Workplace Recordings and Eavesdropping: Limiting Criminal and Legal Liabilities

Seyfarth Shaw LLP on 6/9/2025

The ubiquity of smartphones and sensitive security cameras have made audio recording in the workplace more common. Some may be accidental, while other recordings may be intentional attempts document workplace conversations...more

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 5/27/2025

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

The National Labor Relations Act › Unfair Labor Practices