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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 -
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

Seyfarth Shaw LLP

A Look Back at the 2025 New York Legislative Session

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With the 2025 New York legislative session now completed, several bills that passed both the Senate and Assembly may be headed to the Governor for signature, but two significant bills that passed the Senate did not pass the...more

Fisher Phillips

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

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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

Proskauer - Labor Relations Update

President Trump Taps Two GOP Nominees for NLRB, But Uncertainty Remains

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Although the National Labor Relations Board (NLRB) has operated for most of this year without a quorum and thus unable to issue decisions, that could soon change. President Trump nominated Scott Mayer (chief labor counsel at...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

Proskauer - Labor Relations Update

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

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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

Dickinson Wright

Orbiting Opportunity: Why Relocating Employees to Florida is a Strategic Magnet for Retaining Mission-Critical Staff

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With the Federal Trade Commission’s non-compete ban out of the picture, the Supreme Court barring most universal injunctions, and the National Labor Relations’ Board directive identifying non-compete agreements as violating...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

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

Littler

Third Circuit Affirms NLRB’s Totality of the Evidence Test in Finding that a Single Employee’s Conduct Constituted Protected...

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On June 23, 2025, in Miller Plastic Products Inc. v. National Labor Relations Board, the Third Circuit ruled that substantial evidence supported the Board’s determination that a single employee’s conduct was protected...more

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

NLRA Preempts New Jersey Whistleblower and Antidiscrimination Law Claims, Federal Court Rules

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In Davis v. Benihana, Inc., the U.S. District Court for the District of New Jersey dismissed the plaintiff-employee’s claims for retaliation under the New Jersey Conscientious Employee Protection Act (CEPA) and New Jersey Law...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

Seward & Kissel LLP

Employment Litigation Roundup: June 2025

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In Miele v. Foundation Medicine, Inc., the Massachusetts Supreme Judicial Court (“SJC”) held that the Massachusetts Noncompetition Agreement Act, G. L. c. 149, § 24L (the “Act”), which generally prohibits noncompete and...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

Littler

New York Legislature Proposes to Expand State Jurisdiction Amid Federal Uncertainty

Littler on

Amid growing concerns about the continued absence of a quorum at the National Labor Relations Board (NLRB) and the resulting inability of the NLRB to issue decisions in representation and unfair labor practice cases, the New...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

Proskauer - Labor Relations Update

Myers Lives: Third Circuit Affirms Precedent Shift But Remands Finding of Protected Concerted Conduct in Light of Affirmative...

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Despite the National Labor Relations Board’s (“NLRB” or “Board”) continuing lack of quorum, federal courts of appeal have been busy reviewing its decisions....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

Husch Blackwell LLP

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

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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

Seyfarth Shaw LLP

New York Bill Aiming to Protect Organized Labor Seeks to Overstep the Purpose and Scope of the NLRA and NLRB

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On Tuesday, June 17, 2025, the New York State Assembly overwhelmingly approved A8590 / S8034 by a vote of 128-14. This bill, which now heads to Governor Kathy Hochul’s desk, aims “[t]o make sure employees still receive...more

Proskauer - Labor Relations Update

New York Assembly Passes Bill To Fill Void As NLRB Lacks Quorum, Raising Preemption Concerns

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As we previously reported here, since May 22, 2025, the National Labor Relations Board (“NLRB” or “Board”) has lacked a quorum of at least three members after the U.S. Supreme Court stayed the reinstatement of former Board...more

Genova Burns LLC

Fourth Circuit Issues Guidance On Employer Speech During Organizing Campaigns

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A recent Fourth Circuit Court of Appeals three-judge panel enforced part and declined to enforce another part of an NLRB ruling that an employer violated the National Labor Relations Act by telling employees that the union’s...more

Proskauer - Labor Relations Update

Circuit Court Roundup: DC Cir. Rejects NLRB’s “Irrational” Impasse Ruling, 4th Cir. Green-Lights Union’s “Sharp-Elbowed” Campaign

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While the National Labor Relations Board (“NLRB” or the “Board”) does not have a quorum, a pair of June 13, 2025 decisions by federal courts of appeal highlight key labor law issues under the National Labor Relations Act...more

CDF Labor Law LLP

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

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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

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