House Set To Consider Major Change To Law Governing First Union Contracts

The proposed Faster Labor Contracts Act would amend the National Labor Relations Act to force interest arbitration in a first-time collective bargaining if the parties fail to produce an agreement within a set timeframe. A majority of House members have signed a “discharge petition” to force floor consideration of the legislation (H.R. 5408 / S. 844), which would allow government-appointed arbitrators to...

Fifth Circuit Pushes Back On NLRB Overreach In Profanity-Related Discharge Case

The Fifth Circuit vacated an order from the Biden-era National Labor Relations Board finding that Starbucks unlawfully discharged a union-supporting employee who repeatedly used extreme profanity toward his coworkers and supervisors. The Fifth Circuit concluded that the Board failed to consider evidence that Starbucks had legitimate, non-discriminatory reasons for firing the employee. Although the Fifth Circuit sent the case back to the...

Appeals Court Rejects NLRB’s Finding That Disparaging Public Testimony Was Protected

A federal appeals court panel has concluded that the National Labor Relations Board misapplied precedent by treating an employee’s disparaging remarks as protected even though the employee did not identify a connection to a labor dispute. Section 7 of the National Labor Relations Act did not protect the speech because the testimony lacked that disclosure, the U.S. Court of Appeals for...

President Trump Sends Bipartisan NLRB Nominees To Senate As August Quorum Deadline Looms

On April 13, President Trump nominated Republican James Macy and Democrat David Prouty to serve on the National Labor Relations Board. Unless the Senate confirms them before August 27, the Board will lose its quorum when Prouty’s current term expires. By nominating one Democrat and one Republican, the Administration may increase the chances of a bipartisan Senate deal to expedite confirmation. Prouty...

President Trump Designates James Murphy As Chairman Of The National Labor Relations Board

President Trump has designated NLRB Member James Murphy to serve as the agency’s Chairman. Murphy was sworn in as a member in January. Before that, he spent decades at the agency as a lawyer, including as counsel to multiple Board Members. The Board currently has three Members: Murphy and Scott Mayer (Republicans) and David Prouty (a Democrat). Two seats remain vacant. The...

Court Reminds Employers That Seniority Systems Don’t Automatically Bar Religious Accommodations

A collectively bargained seniority system does not automatically prevent an employer from granting a Title VII religious accommodation request, especially where the agreement or past scheduling practices allow flexibility, a recent federal court decision reminded employers and unions. In De Souza v. New York, the court declined to dismiss an employee’s religious accommodation claims against a public-sector employer and union arising...

NLRB Judge Flags Broad Confidentiality Policy As Unlawful Under Current Labor Law Standard

Honeywell International violated federal labor law by requiring employees to sign an overly broad confidentiality agreement as a condition of employment, an NLRB Administrative Law Judge ruled March 10. Applying the Board’s Stericycle standard, the ALJ found that the policy could reasonably discourage employees from discussing workplace issues — such as pay, benefits, or coworker information — even though the policy did...

Sixth Circuit Rejects NLRB Standard That Made Union Recognition Without an Election More Likely

A federal appeals court ruled that the National Labor Relations Board exceeded its authority when it used its adjudicatory power to change the rules governing bargaining orders. In Brown-Forman Corp. v. NLRB, the Sixth Circuit rejected the NLRB’s Cemex framework, which increased the likelihood that employers would be ordered to recognize a union based on authorization cards rather than a secret ballot election....

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...