03.11.2025National Labor Relations Board Back to Quorum Strength as Member Wilcox Is ReinstatedIn an emphatic decision, Federal Court Judge Beryl Howell of the District of Columbia District ordered President Trump to reinstate NLRB Member Gwynne A. Wilcox to her Board seat. The President fired Wilcox, asserting unitary power over employees in the executive branch. Rejecting this broad construction of executive authority, Judge Howell concluded that Congress meant for some federal employees to be beyond the President’s reach except in limited circumstances.
02.21.2025Acting NLRB General Counsel Scraps Predecessor's Memos, Signals a New DirectionOn Valentine’s Day, the Acting NLRB General Counsel, William B. Cowen, delivered a greeting card of sorts to his staff and the public signaling a new direction for the agency. Commenting that “the backlog of cases at the agency is no longer sustainable,” Cowen rescinded 31 memos by his predecessor Jennifer Abruzzo, some totally and others pending further guidance. Implicitly criticizing Abruzzo’s expansive view of federal labor Law, Cowen stated, “[I]f we attempt to accomplish everything, we risk accomplishing nothing.”
12.12.2024NLRB ALJs’ Job Protections in Jeopardy After District Court RulingOn December 10, 2024, U.S. District Court Judge Trevor McFadden, sitting in the District of Columbia, ruled that the job protections afforded NLRB Administrative Law Judges (ALJs) are unconstitutional because they impede the President’s power to remove executive branch subordinates under Article II of the Constitution. This is the first decision to squarely address the protected status of NLRB ALJs after numerous claims nationally that the NLRB’s structure, including the status of Board members and ALJs, is unconstitutional. However, this decision, issued at the summary judgment stage, falls short of enjoining the NLRB from prosecuting unfair labor practice charges or pursuing remedies where the ALJ has found merit to unfair labor practice allegations. Nevertheless, this decision may be the first step toward narrowing the power of the NLRB’s judges to create law that conflicts with the will of the people and the labor relations agenda of the sitting President. VHS Acquisition Subsidiary No. 7 v. NLRB.
10.08.2024Should I Stay Or Should I Go: The NLRB Weighs InOn October 7, 2024, NLRB General Counsel Jennifer Abruzzo announced to her staff and the public that she intends to prosecute employers for “Stay-or-Pay” employment agreements, agreements that require a new employee to repay outlays for training if the employee leaves within a certain timeframe after being hired. The General Counsel reasons that such provisions are “presumptively unlawful” under Section 7 of the National Labor Relations Act, which protects the rights to unionize or engage in protected concerted activity, because they force employees to remain in jobs they would otherwise leave, or deter an employee from union activity so as not to risk termination and the repayment obligation.
08.26.2024SIXTH CIRCUIT DECLINES TO DEFER TO NLRB DECISION CITING LOPER BRIGHTThere has been much speculation about how much deference the courts will give to federal administrative agencies,’ including the NLRB’s statutory interpretations in the wake of the Supreme Court’s June Loper Bright decision which jettisoned Chevron deference. We didn’t need to wait long to find out the 6th Circuit’s answer – none.
06.25.2024SCOTUS Requires NLRB to Meet Traditional Standards for Preliminary Injunctive Relief On June 13 the U.S. Supreme Court heightened the standard a court must apply to an NLRB request for a preliminary injunction against an employer accused of violating federal labor law. In resolving a circuit split in which courts applied different tests in determining when to grant preliminary injunctive relief, the Court held that district courts should apply the traditional, four-pronged test in determining whether to grant a preliminary injunction under Section 10(j) of the National Labor Relations Act (Act). Starbucks Corp. v. McKinney.
This website uses cookies for site operation, security and analytics purposes, as described in our Privacy Notice and Cookie Notice. By clicking Ok, you are agreeing to our use of cookies.
OK
