News & Analysis as of September 9, 2025

Unions

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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 -

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

Fisher Phillips on 8/28/2025

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

Save Your Soliciting for Snack Time

Miles & Stockbridge P.C. on 5/5/2016

The United States Court of Appeals for the Eighth Circuit (the “court”) (ConAgra Foods, Inc. v. NLRB, 813 F.3d 1079 (8th Cir. 2016)) recently overturned a decision of the National Labor Relations Board (the “NLRB”) which had...more

Not So Fast, My Friend! Eleventh Circuit Weighs In On NLRB Recess Appointment Issue

BakerHostetler on 11/27/2013

As we previously reported, the United States Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013) struck down President Barack Obama’s “recess appointments” of three members of the...more

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National Labor Relations Board › Solicitation/Distribution Policies › Unions

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

Save Your Soliciting for Snack Time

Not So Fast, My Friend! Eleventh Circuit Weighs In On NLRB Recess Appointment Issue

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