News & Analysis as of

Statutory Interpretation Unions The National Labor Relations Act

Shipman & Goodwin LLP

Limitations on the NLRB’s Power: Did Loper Bright Sound the Death Knell?

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Two recent appellate arguments underscore the heightened judicial scrutiny facing the National Labor Relations Board (“NLRB”) following the Supreme Court’s decision last summer, Loper Bright Enterprises Inc v. Raimondo. While...more

Goldberg Segalla

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

Goldberg Segalla on

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

Husch Blackwell LLP

Does Loper Bright Simply Not Matter to the D. C. Circuit When It Comes to the NLRB? Will the Supreme Court Weigh In?

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On July 31, 2025, Hood River Distillers, Inc. filed a petition for writ of certiorari imploring the Supreme Court to overturn a ruling of the D. C. Circuit. The D. C. Circuit had affirmed a National Labor Relations Board...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

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

CDF Labor Law LLP on

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

Ballard Spahr LLP

Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions

Ballard Spahr LLP on

The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more

Bradley Arant Boult Cummings LLP

Still in the Dark After Loper Bright: SCOTUS Declines to Shine a Light on NLRB Deference Post-Chevron

Last year, the United States Supreme Court’s Loper Bright decision put an end to “Chevron deference,” a judicial practice of deferring to federal agency interpretations of ambiguous statutory language. While the legal...more

Ballard Spahr LLP

NLRB Board Member Challenges President Trump’s Executive Power

Ballard Spahr LLP on

On September 6, 2023, Democratic member Gwynne Wilcox was appointed to the NLRB by former President Joe Biden. Her five-year term was scheduled to end in 2028. ...more

Sheppard Mullin Richter & Hampton LLP

Texas Judge Enjoins NLRB From Proceeding Against SpaceX, Casting Further Doubt on NLRB’s Constitutionality

A federal judge in Texas recently cast new doubt on the National Labor Relations Board’s (NLRB) ability to oversee labor disputes, agreeing with SpaceX that the agency’s Board Members and Administrative Law Judges (ALJs) are...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Fisher Phillips

SCOTUS Delivers Starbucks a Win in Labor Dispute: Here’s How the Ruling Impacts Employers

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The Supreme Court just sided with Starbucks in a case where the Labor Board tried to force the company to temporarily reinstate workers who were fired for hosting media interviews afterhours in a closed store. Starbucks said...more

Littler

D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”

Littler on

Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more

Parker Poe Adams & Bernstein LLP

Federal Judge Rejects Challenge to NLRB Ambush Election Rules

Employers concerned over the impact of new National Labor Relations Board union election rules lost some hope last week that federal courts would step in to stop the regulations from going into effect. The NLRB rules...more

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