March 12, 2025
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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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February 18, 2025
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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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January 30, 2025
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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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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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August 12, 2024
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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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July 17, 2024
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Category: Labor Relations

Fifth Circuit Rules NLRB Erred in Changing Employee Misconduct Standard

The U.S. Court of Appeals for the Fifth Circuit has ruled that the National Labor Relations Board (NLRB) violated an employer’s due process rights by reinstating a worker-friendly misconduct standard without giving the employer an opportunity to express its views. The court’s July 9 ruling in Lion Elastomers, L.L.C. v. NLRB ordered the NLRB to set aside a standard that considered...
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June 19, 2024
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Category: Labor Relations

Supreme Court Makes It Harder for NLRB To Get Preliminary Injunctions To Correct Alleged ULPs

The National Labor Relations Board has not shown the need for a preliminary injunction ordering Starbucks to rehire employees while the Board proceeds with its administrative complaint alleging an unfair labor practice against the coffeehouse chain, the U.S. Supreme Court decided June 13, 2024, in Starbucks Corporation v. McKinney. The Supreme Court held that courts should analyze the NLRB’s petitions...
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May 30, 2024
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Category: Biden Administration

Biden Nominates Two for NLRB Seats, Ensuring Pro-Union Tilt Until 2026 If Confirmed by Senate

President Joe Biden has submitted two nominations for seats on the five-member National Labor Relations Board, one a Democrat and the other a Republican. The nominees are current Chair Lauren McFerran, a Democrat, to serve a third five-year term; and Republican Joshua L. Ditelberg, an employment law partner at Seyfarth Shaw, to fill a current Board vacancy. If the U.S. Senate...
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March 12, 2024
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Category: Contingent Workers and Joint Employment

Federal Court Blocks Controversial NLRB Joint Employer Rule, Reinstates Trump-Era Rule

A federal trial court has vacated the controversial new National Labor Relations Board (NLRB) joint employer rule and restored the 2020 version of the rule that made it harder to find that an entity is a joint employer. If the new rule had taken effect as scheduled March 11, 2024, it would have been much easier to find that two...
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