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Category: Labor Relations

Trump Nominates Two NLRB Members; Their Confirmations Would Enable Board To Issue Decisions

President Trump has nominated Scott Mayer and James Murphy to the National Labor Relations Board, the White House announced July 17. If the Senate confirms these nominees, the Board will have a quorum and be able to resume issuing decisions. Mayer, the chief labor counsel at aerospace company Boeing, would serve until December 16, 2029, in the seat vacated by Lauren...
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Category: Labor Relations

Apple’s Removal of Union Pamphlets and Questions About Union Drive Are Not Unlawful, Court Rules

Apple store managers did not violate the National Labor Relations Act by questioning a worker about a union campaign and confiscating union pamphlets from an employee breakroom, the U.S. Court of Appeals for the Fifth Circuit ruled July 7 in Apple v. NLRB. Reversing an NLRB decision, the Fifth Circuit found no coercive interrogation at Apple’s World Trade Center store. The...
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Category: Government Contracts

Federal Court Blocks Attempt To End PLA Mandate for Large Construction Projects

A federal court has issued a preliminary injunction that effectively requires federal contracting agencies to continue to require Project Labor Agreements (PLAs) for large-scale construction projects. The U.S. District Court for the District of Columbia made the ruling May 16 in North America’s Building Trades Unions v. Department of Defense. In January 2024, the Federal Acquisition Regulatory (FAR) Council implemented...
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Category: Agency Enforcement

President Trump Nominates Crystal Carey as NLRB General Counsel

On March 24, President Trump nominated Crystal Carey to serve as the General Counsel of the National Labor Relations Board. If the Senate confirms her, Carey will take over for Acting General Counsel William B. Cowen, whom President Trump appointed on February 3. In the short time since, Acting General Counsel Cowen has swiftly implemented policy changes by rescinding numerous memoranda issued...
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Category: Labor Relations

Federal Court Reinstates NLRB Member Wilcox

President Trump’s removal of Gwynne Wilcox from the National Labor Relations Board was illegal, a federal court ruled March 6. The U.S. District Court for the District of Columbia declared that Wilcox may be removed as an NLRB member only “upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.” Wilcox, a Democrat,...
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Category: Government Contracts

Defense Department To Stop Using Project Labor Agreements on Large Construction Projects

The Defense Department has published a class deviation directing the agency’s contracting officers to cease using project labor agreements (PLAs) on large construction projects, a signal that the Trump Administration may be considering reversing this Biden-era priority. PLAs are essentially pre-hire agreements that mandate the use of union labor. The use of PLAs has long been contentious, with Democratic administrations...
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Category: Labor Relations

President Trump Fires NLRB Member Wilcox, General Counsel Abruzzo

President Trump has fired two Senate-confirmed Democrats from the National Labor Relations Board: Member and former Chair Gwynne Wilcox; and the Board’s General Counsel, Jennifer Abruzzo. Wilcox’s termination is controversial because the National Labor Relations Act states that the President may remove Board Members only for neglect of duty or malfeasance. Wilcox’s term was not scheduled to end until August 2028. She...
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Category: Agency Enforcement

NLRB Again Reports Big Increase in Unfair Labor Practice Charges in FY 2024

The number of unfair labor practice charges filed with the National Labor Relations Board increased for the fourth consecutive year in fiscal year 2024, NLRB enforcement data show. The 21,300 ULP charges filed from October 1, 2023—September 30, 2024, are the highest number filed since FY 2016. The Board made 259 final administrative determinations in FY 2024, up from 246...
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Category: Executive Order

Biden’s New “Good Jobs” E.O.: Another Version of Union-Friendly “High Road”

President Biden has issued Executive Order 14126, which will require designated federal agencies to consider an employer’s labor and employment practices when awarding federal financial assistance under several recent laws. The E.O. applies to the selection of projects by “implementing agencies” for entities receiving “federal financial assistance” from the “Investing in America agenda.” By limiting coverage to grants, loans, and...
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Category: Labor Relations

NLRB Update: August 2024

There have been several important developments recently involving the National Labor Relations Board: (1) On July 26, 2024, the Board issued its Fair Choice–Employee Voice Final Rule, which restored three policies that the Trump-era Board had scuttled— the blocking charge policy, voluntary union recognition, and parity for construction industry unions. (2) The NLRB dropped its appeal of a court ruling that invalidated...

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