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The Eighth Circuit has partially reversed a National Labor Relations Board decision involving a Missouri hospital’s withdrawal of recognition from a Service Employees International Union affiliate, narrowing the board’s authority in cases involving post-decertification conduct. The ruling highlights ongoing judicial scrutiny of how the NLRB handles union recognition and employee choice. The Core Dispute The […]

Several years after headline-grabbing organizing wins at major companies, many newly unionized workers are still struggling to secure their first collective bargaining agreements. What was once a wave of momentum following the pandemic has, in many cases, slowed into prolonged and difficult negotiations. The growing gap between union certification and contract execution is emerging as

A split Sixth Circuit panel has ruled that the NLRB improperly implemented its landmark Cemex decision through adjudication rather than formal rulemaking, casting doubt on a major shift in union organizing law. The decision represents a significant judicial check on the board’s policymaking authority. The Core Issue The Cemex ruling changed how employers must respond

Facing more than 16,000 pending cases, the National Labor Relations Board is implementing operational changes aimed at reducing delays and improving case processing times. The effort reflects mounting pressure to address backlogs that affect both employers and unions The Streamlining Plan Agency leadership outlined several steps: These measures aim to reduce bottlenecks and accelerate case

Recent guidance from the NLRB’s general counsel is expected to narrow investigations into employer work rules, potentially reducing litigation and encouraging faster settlements. The shift reflects a broader move away from expansive interpretations of workplace policies. A More Targeted Strategy Rather than broadly scrutinizing employer handbooks, the new approach focuses on policies with clear, demonstrable

At a recent American Bar Association conference, labor and employment attorneys expressed growing concern that the National Labor Relations Board is becoming increasingly vulnerable — both structurally and operationally — but acknowledged that solutions remain elusive. The discussion reflects deep uncertainty about the agency’s future. Sources of Concern Panelists pointed to several converging risks: Together,

Amazon has asked a federal court to permanently strike down a New York law that would allow the state to step into the role of the National Labor Relations Board under certain circumstances, arguing that a prior preliminary injunction already signals the law’s likely invalidity. The challenge represents a direct test of state authority in

The National Labor Relations Board’s general counsel has directed regional offices to take a more selective approach when pursuing cases involving allegedly unlawful workplace rules, marking a notable shift from the broader enforcement posture seen in recent years. The move is part of a larger effort to streamline case handling and improve efficiency at an

The National Labor Relations Board has upheld a judge’s finding that Amazon did not violate federal labor law when managers reminded Staten Island warehouse employees of improvements to the company’s tuition assistance program during a 2021 union campaign. The ruling offers guidance on when employer communications about benefits cross into unlawful interference. The Line Between

An appeal of an NLRB administrative judge’s ruling protecting a worker who discussed a colleague’s pay with another employee could offer the board an opportunity to narrow the boundaries of protected “concerted activity.” The case centers on whether a single employee’s complaint to one co-worker qualifies as collective action under federal labor law. The Edges