Labor Board Proceedings and Practice

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In its decision, the United States Circuit Court of Appeals for the Sixth Circuit (Sixth Circuit) dissolved a 10(j) injunction against an employer, holding that federal courts should not issue injunctions in failure-to-bargain cases unless concrete evidence shows that the employer’s rebuff of the union will cause irreparable harm. That is, rather than allowing the NLRB to presume irreparable harm only from the employer’s refusal to bargain, the Sixth Circuit’s decision requires a more robust inquiry, as is typical in most other injunction cases.…

Continue Reading Federal Sixth Circuit Tightens NLRB 10(j) Injunction Standard

The United States Circuit Court of Appeals for the Sixth Circuit (Sixth Circuit) recently ruled that the National Labor Relations Board (NLRB) exceeded its authority when it issued its decision in Cemex Construction Materials Pacific LLC. As a result, at least within the Sixth Circuit’s jurisdiction (Tennessee, Kentucky, Ohio, and Michigan), the Cemex decision has been invalidated, and its onerous remedies will not be available for the NLRB to impose upon employers in those states.

Continue Reading Federal Appeals Court Invalidates NLRB’s Cemex Standard

On January 7, James Murphy and Scott Mayer, as National Labor Relations Board (NLRB or Board) members, and Crystal Carey, as the NLRB’s General Counsel (GC), were sworn into their roles following their confirmation votes in the Senate.

Continue Reading President Trump’s NLRB Gains Quorum and GC, Flurry of Activity Expected

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 other employers.

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

As we navigate a new year and a new administration, we are all grappling with an unprecedented wave of executive orders and memoranda from the Trump administration that are reshaping the workplace.

From dramatic shake-ups in the EEOC and NLRB to increased scrutiny of DEI practices, employers are facing yet another season of uncertainty.

Continue Reading Register Now | Responding to Policy Shifts Under the Trump Administration

The National Labor Relations Board (NLRB) is poised for a major shift following recent changes under the Trump administration. With two open seats on the board, President Trump is expected to appoint Republican members, reshaping the NLRB’s political landscape and reversing key Biden-era labor policies.

Continue Reading Big Changes Are Coming to the NLRB with President Trump’s Second Term

Last week, as part of a major shake-up of the federal government’s enforcement agencies, President Trump made three major changes to the Equal Employment Opportunity Commission (EEOC), all of which will cause a major shift in the political leanings of the EEOC. One of those changes, the firing of EEOC General Counsel Karla Gilbride, was expected. The other changes, the firing of EEOC Commissioners Charlotte Burrows and Jocelyn Samuels, were unexpected and unprecedented.

Continue Reading President Trump’s Shake-Up of Federal Enforcement Agencies Continues with Big Changes to the EEOC

Update (February 3, 2025): On February 1, President Trump fired Acting General Counsel Jessica Rutter.  At this time, it is unclear who will serve as Acting General Counsel or who President Trump will ultimately appoint as General Counsel of the NLRB. We will closely monitor and report on further developments.

Late Monday night, President Trump made two major changes to the National Labor Relations Board (NLRB), both of which will cause a major shift in the political leanings of the NLRB and one that may substantially impact the president’s direct authority over government agencies. One of those changes, the firing of NLRB General Counsel Jennifer Abruzzo, was expected and somewhat surprising that it took this long. The other change, the firing of Board Member Gwynne Wilcox, was unexpected and unprecedented.

Continue Reading President Trump Makes Two Big Changes to NLRB – One Expected, One Unprecedented

On Wednesday, the Senate did not confirm the re-appointment of current National Labor Relations Board (NLRB) Chairman Lauren McFerran, a Democrat, whose term will expire December 16. President Biden’s nomination and attempted re-appointment of Chairman McFerran failed on a procedural vote when a vote to end debate and consider the nomination failed. Following this vote against ending debate, which resulted in the failure of McFerran’s nomination, a scheduled vote on another of Biden’s NLRB nominations, a Republican nominee, was withdrawn.

Continue Reading National Labor Relations Board Expected to Have Republican Majority Shortly After Trump Takes Office

The National Labor Relations Board (NLRB or Board) recently issued two rulings that caused a seismic shift in what is permissible employer conduct during a union organizational campaign. While there is uncertainty about the longevity of these rulings with an incoming change in administration, employers are required to comply with the new precedents for the time being.

Continue Reading NLRB Releases Two Major Decisions Less Than a Week Apart

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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