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The Trump administration has taken the position that courts cannot review executive orders that instruct federal agencies to cancel union contracts. In the case at hand, the National Treasury Employees Union (NTEU) has challenged such an order, claiming it unlawfully undermines collective bargaining. The administration responded by arguing that Congress granted the president broad discretion […]

A California federal judge recently ruled that a lawsuit challenging the Trump administration’s plan to reorganize federal agencies and lay off workers will move forward. The administration attempted to dismiss the case, pointing to a prior Supreme Court decision that temporarily paused an injunction against similar orders. The judge, however, rejected this argument, stating that

In his short time as acting general counsel of the National Labor Relations Board (NLRB), William Cowen has stood out for adopting an unusually proactive approach. Rather than operating quietly behind the scenes, Cowen has issued public memoranda, policy updates, and enforcement guidance at a pace that labor experts say is uncommon for the role.

The U.S. Solicitor General recently defended the Supreme Court’s emergency ruling allowing the president to remove an NLRB member. The case raises fundamental questions about the balance of power between the executive branch and independent agencies. Why It Matters and Implications for the NLRB Supporters argue that presidents must have authority to remove officials who

United Parcel Service (UPS) has rolled out a resignation incentive program designed to encourage certain workers to voluntarily leave. The Teamsters, representing many UPS employees, objected, claiming the program undermines union protections. Court Proceedings An Illinois federal judge issued a temporary restraining order to pause the program. UPS countered, arguing the court should step aside

Unions representing federal workers, including the American Federation of Government Employees (AFGE), are fighting to uphold a court order that blocked an executive directive aimed at curtailing bargaining rights. The order sought to prevent certain federal agencies from maintaining labor contracts, citing national security priorities. Retaliation Concerns Union leaders argue the order was retaliatory, targeting

In a landmark decision, the Fifth Circuit Court of Appeals ruled that the NLRB’s structure may be unconstitutional. Specifically, the court struck down injunctions issued by the agency against SpaceX and other companies, citing problems with how board members and administrative law judges are shielded from removal. The Constitutional Debate At the heart of the

A recent executive order allowed federal agencies to bypass traditional bargaining requirements in the name of “national security.” Courts initially permitted these measures on a provisional basis, emboldening agencies to strip back worker rights. Union Pushback Federal employee unions argue that the order represents an unprecedented rollback of labor protections. By removing the obligation to

The National Labor Relations Board’s (NLRB) acting general counsel recently issued an opinion clarifying that states cannot substitute themselves as labor regulators, even when the NLRB lacks a quorum. Federal law, the memo stated, preempts state governments from taking over the board’s core responsibilities. The Quorum Challenge At times, the NLRB has faced operational slowdowns

Con Edison, one of the nation’s largest energy utilities, is facing a class action lawsuit from workers who claim they were denied overtime pay. Specifically, traffic directors at job sites allege that they routinely worked beyond 40 hours per week without proper overtime compensation. A New York federal magistrate recently recommended that the case move