On August 7, James Macy, a Republican, was confirmed by the Senate to become the third Republican member of the National Labor Relations Board (NLRB or Board). David Prouty, a Democrat, was recently re-appointed by President Trump and was confirmed for another stint on the Board as well. Upon swearing in, Macy will bring the NLRB to four members (three Republicans, one Democrat), further cementing the Trump-backed Republican control.
Continue Reading NLRB Gains 3-1 Republican Majority, Setting Stage for Major Policy ShiftsFederal Appeals Court Strikes Down NLRB’s Successor Bar, Changing Labor Analysis for Business Acquisitions
The U.S. Court of Appeals for the D.C. Circuit has invalidated the National Labor Relations Board’s (NLRB or Board) “successor bar,” which required certain buyers of unionized businesses to recognize and bargain with the incumbent union for up to one year and prohibited the employer from unilaterally withdrawing recognition based on a claimed loss of majority support.
Continue Reading Federal Appeals Court Strikes Down NLRB’s Successor Bar, Changing Labor Analysis for Business Acquisitions
Federal Appeals Court Upholds Bargaining Order, Sidesteps Review of NLRB’s Cemex Standard
For nearly three years now, the eyes of legal scholars, attorneys and employers alike have been on the United States Circuit Court of Appeals for the Ninth Circuit (Ninth Circuit), awaiting its decision on an appeal of the National Labor Relations Board’s (NLRB) decision in Cemex Construction Materials Pacific LLC (Cemex Decision). The Ninth Circuit has finally issued its decision – and completely sidestepped the issue which everyone was waiting to be addressed.
Federal Sixth Circuit Tightens NLRB 10(j) Injunction Standard
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
Federal Appeals Court Invalidates NLRB’s Cemex 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 StandardPresident Trump’s NLRB Gains Quorum and GC, Flurry of Activity Expected
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 ExpectedFifth Circuit Rules NLRB’s Removal Protections for Members and ALJs Likely Unconstitutional
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 UnconstitutionalRegister Now | Responding to Policy Shifts Under the Trump Administration
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
Big Changes Are Coming to the NLRB with President Trump’s Second Term
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 TermPresident Trump’s Shake-Up of Federal Enforcement Agencies Continues with Big Changes to the EEOC
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