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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

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