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National Labor Relations Board › The National Labor Relations Act

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Husch Blackwell LLP

Challenge to Minnesota Captive Audience Law Dismissed

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Captive audience meetings are employer sponsored meetings where the employer requires employees to attend and listen to the employer position concerning a union organizing effort. The meeting is intended to dissuade workers...more

Ballard Spahr LLP

New Jersey Expands Captive Audience Prohibition to Meetings about Unionization

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On September 3, 2025, New Jersey Governor Phil Murphy signed legislation prohibiting employers from mandating employee participation in communications about the decision to join or support a labor organization or association....more

Phelps Dunbar

Fifth Circuit Finds NLRB’s Multilayer Removal Protections for Board Members and Administrative Law Judges Are Likely...

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On August 19, the U.S. Court of Appeals for the Fifth Circuit affirmed federal district court preliminary injunctions halting Unfair Labor Practice (ULP) proceedings before the National Labor Relations Board (NLRB). ...more

Genova Burns LLC

Fifth Circuit Panel Finds Unconstitutional Removal Protections Favoring NLRB Members And ALJs

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On August 19, 2025, a three-judge panel of the Fifth Circuit Court of Appeals ruled in a long-anticipated opinion that the NLRA’s protections for Board Members and Administrative Law Judges from presidential removal are...more

BakerHostetler

Whither Goes the NLRB? Recent Fifth Circuit Decision Portends Potential Meteoric Change in Labor Law

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In what may prove to be a watershed decision for the National Labor Relations Board (NLRB or the Board), the United States Court of Appeals for the Fifth Circuit, in Space Exploration Technologies Corporation v. National...more

Foley & Lardner LLP

Did the Fifth Circuit Just Render the NLRB Helpless to Enforce Its Own Laws?

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A potentially massive shift in the labor relations arena — or at least the potential start of one — may have recently taken place. If so, the implications for leveraging collective bargaining negotiations and strategies in...more

Proskauer Rose LLP

Union Interference Lessons From 5th Circ. Apple Ruling

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In a closely watched decision on July 7 — and the latest of many federal appeals court decisions reviewing orders from the National Labor Relations Board — the U.S. Court of Appeals for the Fifth Circuit tackled employer...more

Littler

Littler’s Workplace Policy Institute Presents: Labor Day Report – 2025

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Introduction  The first eight months of the Trump administration saw dramatic changes in labor and employment policy—from civil rights to traditional labor law to immigration—with more to come as key positions at oversight...more

Jackson Lewis P.C.

Many States’ Employee-Friendly Labor Laws Take Effect as NLRB Remains Quorum-Less

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The National Labor Relations Board remains without a quorum, leaving key decisions and enforcement actions on hold. In the meantime, state legislatures across the country have introduced new labor laws that increase employer...more

Benesch

Fifth Circuit Expresses Significant Doubt on NLRB’s Constitutionality as Structured

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On August 19, 2025, the Fifth Circuit ruled on consolidated appeals stemming from preliminary injunctions sought by—and granted to—three companies challenging the National Labor Relations Board’s (“NLRB”) structure. ...more

Franczek P.C.

SpaceX Wins Fifth Circuit Victory; Big Implications for NLRB

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In an August 19, 2025 decision in SpaceX v. NLRB, the Fifth Circuit ruled that the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and upheld three preliminary injunctions preventing the NLRB...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Says NLRB Removal Protections Violate Constitution

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Both unionized and non-unionized employers are familiar with the National Labor Relations Board’s authority to pursue and adjudicate unfair labor practice charges. Following high-profile charges brought against SpaceX and...more

Davis Wright Tremaine LLP

The NLRB Goes Down in the Fifth

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The U.S. Court of Appeals for the Fifth Circuit ("Fifth Circuit") has ruled that the National Labor Relations Board ("NLRB") is unconstitutionally structured and cannot hear unfair labor practice charges. The decision focused...more

BakerHostetler

‘Oh... That Preemption’: National Labor Relations Board Acting General Counsel Responds to State Legislation That Seeks To...

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As we reported in July, with the National Labor Relations Board (NLRB or the Board) in a state of limbo since the beginning of President Donald J. Trump’s second term, several states, including New York, are considering...more

Fisher Phillips

Federal Appeals Court Says Removing Union Literature from Breakrooms Can Be Lawful: How Employers Can Thread the Needle

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A federal appeals court recently held that an employer does not violate federal labor law by removing union flyers left in a breakroom so long as it neutrally applies its housekeeping and solicitation policies. The July 7...more

Fox Rothschild LLP

5th Circuit Decision Could Encourage Employers to File Lawsuits to Escape NLRB Trials

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Last week, the U.S. Court of Appeals for the Fifth Circuit said the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and enjoined the agency from conducting trials of unfair labor practice...more

Poyner Spruill LLP

Fifth Circuit Rules NLRB Structure Likely Unconstitutional

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On August 19, 2025, the Fifth Circuit Court of Appeals sided with Elon Musk’s SpaceX and two other companies by barring the NLRB from prosecuting unfair labor practice cases on the grounds that the Board’s structure likely...more

Constangy, Brooks, Smith & Prophete, LLP

Bad news for Wilcox? Removal protections for NLRB members, ALJs are “likely” unconstitutional, appeals court finds

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A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has upheld three orders that bar the National Labor Relations Board from pursuing unfair labor practice cases against SpaceX and two other employers. ...more

Bass, Berry & Sims PLC

Fifth Circuit Rules NLRB’s Removal Protections for Members and ALJs Likely Unconstitutional

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In a major setback for the National Labor Relations Board (NLRB), the Fifth Circuit Court of Appeals recently upheld an injunction, preventing the NLRB from holding an unfair labor practice (ULP) hearing against SpaceX and...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Rules NLRB Structure Likely Unconstitutional

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On August 19, 2025, the Fifth Circuit upheld injunctions barring the National Labor Relations Board (“NLRB” or the “Board”) from prosecuting unfair labor practice cases against SpaceX and two other companies. In its decision,...more

Littler

Fifth Circuit Upholds Injunction Because NLRB Structure is Likely Unconstitutional

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On August 19, 2025, in Space Exploration Tech. Corp. v. National Labor Relations Board, et al., a panel of the U.S. Court of Appeals for the Fifth Circuit upheld preliminary injunctions that had halted NLRB complaint...more

Fisher Phillips

Employers Gain Additional Defenses In Union Salting And Deferral Cases Thanks to New Guidance from NLRB Official

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The National Labor Relations Board’s Acting General Counsel recently issued two policy memos reshaping how you can handle union-related risks in salting and deferral cases. The salting guidance provides a roadmap for...more

Goldberg Segalla

Fifth Circuit Finds NLRB’s Structure Likely Unconstitutional: What Employers Need to Know

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The U.S. Court of Appeals for the Fifth Circuit has issued a decision that could reshape the landscape of federal labor law. In SpaceX, et al. v. NLRB, the court held that the National Labor Relations Board’s structure –...more

Kilpatrick

Houston, We (May) Have a Constitutional Problem: Fifth Circuit Puts NLRB Structure in the Hot Seat

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In Space Exploration Technologies Corp. v. National Labor Relations Board (the “SpaceX Case”), the U.S. Court of Appeals for the Fifth Circuit upheld injunctions issued by federal district courts in Texas. The injunctions...more

Proskauer - Labor Relations Update

Fifth Circuit Boosts Spacex’s Constitutionality Arguments

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On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed preliminary injunctions halting National Labor Relations Board (“NLRB” or the “NLRB”) proceedings against SpaceX and two other companies while they...more

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