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The National Labor Relations Board has partially reversed an administrative law judge’s finding that a telecommunications company unlawfully refused to provide information requested by Communications Workers of America locals, trimming the scope of the alleged violation. The decision highlights the nuanced standards governing employer disclosure obligations during collective bargaining. The Duty to Provide Information Under […]

The National Labor Relations Board’s two newly seated Republican members have declined to use a pending union certification dispute as a vehicle to reconsider the board’s Biden-era prohibition on so-called “captive audience” meetings. While the decision leaves the controversial precedent intact, it also signals that reconsideration may simply be deferred — not abandoned. The ruling

A divided Ninth Circuit panel reversed a district court decision dismissing union dockworkers’ claims against a multiemployer health plan, concluding the lower court misclassified a treatment facility and prematurely rejected the case. The ruling sends the dispute back for further proceedings. Legal Question at Issue The case hinged on whether a medical center qualified as

The Supreme Court is set to examine how employers’ withdrawal liability from multiemployer pension plans should be calculated, a technical but high-stakes issue affecting unionized industries nationwide. The dispute centers on whether plan actuaries have flexibility in selecting methodologies. Why Methodology Matters Withdrawal liability determines how much a company must pay when exiting a pension

After regaining the members necessary to act officially, the NLRB released its first published decision, upholding certification of an SEIU bargaining unit at a Northern California dialysis center. The decision signals a return to normal operations following a period of limited functionality. Why Certification Matters Union certification establishes bargaining obligations and marks the formal beginning

The National Labor Relations Board has lost nearly 200 positions since the current administration took office, deepening concerns about whether the agency can effectively process cases amid rising caseloads. Staffing shortages have long been a challenge for the board, but recent reductions appear particularly significant. Operational Impact Fewer employees may translate into: The agency’s workload

Recent legislative changes in New York and New Jersey codifying disparate impact discrimination standards add complexity for employers navigating a shifting legal landscape after federal authorities signaled retreat from the doctrine. The divergence between federal and state approaches illustrates the growing fragmentation of employment law obligations. What Is Changing Disparate impact allows liability based on

The Trump administration has asked the D.C. Circuit to overturn injunctions preserving collective bargaining agreements at multiple federal agencies, arguing unions pursued the wrong procedural path by going to court rather than using internal administrative channels. The appeal highlights a recurring tension between administrative exhaustion requirements and immediate judicial relief. Procedural vs. Substantive Battles The

A Washington federal court has again stopped the Department of Homeland Security from terminating a collective bargaining agreement covering Transportation Security Administration employees, rejecting the government’s attempt to bypass a prior injunction by offering a new justification. The ruling reinforces judicial skepticism toward agencies attempting to sidestep court orders through revised reasoning rather than substantive

Former NLRB member Gwynne Wilcox is urging the D.C. Circuit to reverse a ruling allowing the president to remove NLRB members at will, warning it would dismantle the agency’s independence. The case raises fundamental questions about administrative structure and political control. Why Independence Matters The NLRB was designed as an independent agency to insulate labor