February 03, 2026
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Category: Agency Enforcement

New NLRB General Counsel Prioritizes Backlog Reduction And Consistency

The NLRB’s new General Counsel, Crystal Carey, has signaled an early focus on reducing the agency’s substantial case backlog and improving regional consistency in case processing and enforcement actions rather than revisiting Board precedent. On January 28, she issued Memorandum GC 26-02 stating that she will not issue a wide-ranging “Mandatory Submissions to Advice” memo listing cases or topics that...
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December 22, 2025
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Category: Labor Relations

Quorum To Be Restored At National Labor Relations Board After U.S. Senate Confirms Key Nominees

The National Labor Relations Board will have a quorum for the first time since January 2025 after the Senate confirmed several of President Trump’s nominees to workplace regulation agencies. On December 19, 2025, the U.S. Senate voted to confirm several nominees, including: James Murphy to a term as an NLRB member until 2027 Scott Mayer to a term as an...
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December 09, 2025
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Category: Agency Enforcement

President Can Remove NLRB Members, Appeals Court Rules

The President may remove National Labor Relations Board members despite the NLRA’s limits on removal, the U.S. Court of Appeals for the District of Columbia Circuit ruled in Wilcox v. Trump. Meanwhile, the Supreme Court is reviewing a related case involving the Federal Trade Commission that may clarify the President’s removal powers. The majority on the D.C. Circuit panel reasoned that Congress cannot restrict...
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November 05, 2025
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Category: Labor Relations

Courts Split On NLRB’s Power To Impose Expanded Labor Violation Remedies On Employers

Federal appeals courts are increasingly divided as to whether the NLRB can make employers pay for indirect, but foreseeable, costs (“expanded remedies”) resulting from labor law violations. The issue stems from Thryv, a 2022 NLRB decision that expanded the Board’s remedies beyond traditional job reinstatement, back pay, and other direct costs. Thryv allows the NLRB to compel employers to pay...
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August 28, 2025
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Category: Labor Relations

NLRB’s Structure Likely Unconstitutional, Fifth Circuit Rules, Affirming Ban on SpaceX Prosecution

The National Labor Relations Board remains barred from bringing unfair labor practice cases against SpaceX, Energy Transfer, and Findhelp after a federal appeals court affirmed a lower court’s preliminary injunctions pausing such prosecutions. On August 19, in Space Exploration Technologies Corp. v. NLRB, the U.S. Court of Appeals for the Fifth Circuit found that the injunction is warranted because the agency’s...
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July 23, 2025
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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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July 16, 2025
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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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June 06, 2025
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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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November 04, 2024
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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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September 12, 2024
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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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