News & Analysis as of

Administrative Procedure Act Unions

Epstein Becker & Green

D.C. Court of Appeals Scraps Substantive Changes from NLRB’s 2019 Final Rule on Election Procedures But Upholds Procedural Changes

Epstein Becker & Green on

On January 17, 2023, the U.S. Court of Appeals for the D.C. Circuit partially reversed and partially upheld a District Court decision that enjoined five rules promulgated by the National Labor Relations Board (“NLRB” or...more

Miles & Stockbridge P.C.

D.C. Circuit Strikes Down Some 2019 NLRB Election Rules

A divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled earlier this month that the National Labor Relations Board violated the Administrative Procedure Act (APA) in 2019 by issuing certain rules...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - January 2023 #3

Union Membership Decreases. The percentage of workers who are union members dropped to 10.1 percent in 2022 from 10.3 percent in 2021, according to data released this week by the U.S. Bureau of Labor Statistics (BLS). In the...more

Benesch

Mixed Review: D.C. Circuit Nixes Some Trump-Era NLRB Election Changes, Saves Others

Benesch on

On January 17, the U.S. Court of Appeals for the District of Columbia Circuit struck down certain Trump-era changes to the rules by which the National Labor Relations Board (NLRB) administers union elections. As...more

Jones & Keller, P.C.

Unionization of Public-Sector Jobs in Colorado: The Collective Bargaining by County Employees Act

Jones & Keller, P.C. on

Municipal workers in Colorado won the right to form unions with Colorado’s Collective Bargaining by County Employees Act, which goes into effect in 2023 and provides a significant expansion of collective bargaining rights for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - July 2021 #4

Senate Committee Examines PRO Act. On July 22, 2021, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing entitled “The Right to Organize: Empowering American Workers in a 21st Century...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - July 2020

Seyfarth Shaw LLP on

Happy 4th!  While we continue to track policy that matters, we would be remiss if we did not wish all of our readers, and of course the Nation itself, a Happy Independence Day. The tradition of Independence Day celebrations...more

Jackson Lewis P.C.

Judge Rejects AFL-CIO Effort To Invalidate Entire Election Rule

Jackson Lewis P.C. on

The legal saga of the National Labor Relations Board’s (NLRB) new election rule took another turn on July 1 when a federal judge found the rule was a proper exercise of statutory interpretation.* The entire new rule was...more

Sheppard Mullin Richter & Hampton LLP

Judge Jackson Explains the Basis for Her Invalidation of the Board’s Election Regulations

As we previously discussed earlier this month, District Court Judge Ketanji Brown Jackson issued an Order in American Federation of Labor and Congress of Industrial Organizations v. National Labor Relations Board, Civil Case...more

Stinson LLP

New NLRB Election Rules Partially Invalidated

Stinson LLP on

The National Labor Relations Board (NLRB) faces yet another road block to fully implementing its new election rules. The final rule, issued at the end of 2019, is set to restructure some of the more controversial...more

Parker Poe Adams & Bernstein LLP

Federal Judge Throws Out New Union Election Rules From the National Labor Relations Board

Last week, a federal district court granted summary judgment to the AFL-CIO in response to its challenge to new National Labor Relations Board regulations intended to slow the process for unionization elections. The rules...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. District Court Vacates Parts of New NLRB Election Rules and Remands Non-Vacated Parts for Reconsideration

In an abbreviated order issued on May 30, 2020, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia ruled that the National Labor Relations Board (NLRB) improperly implemented portions of the...more

Obermayer Rebmann Maxwell & Hippel LLP

“Labor Law Update: New Union Election Rules Partially Overturned by New Court Decision”

Back in December 2019, HRLegalist blogged about the National Labor Relations Board’s (“NLRB”) new union election rules. This set of rules was a sweeping series of reforms that sought to slow down the union elections process,...more

Faegre Drinker Biddle & Reath LLP

D.C. Court Slows the NLRB’s Departure from “Quickie Election” Rules; NLRB Implements New Rules Unaffected by Order

On May 30, 2020, the U.S. District Court for the District of Columbia issued an eleventh-hour decision preventing the National Labor Relations Board (NLRB) from implementing new rules on union representation election...more

Fisher Phillips

Federal Court Blocks Labor Board’s New Union Election Rules

Fisher Phillips on

On the eve of their scheduled implementation date, a federal court judge in Washington, D.C. struck down significant portions of the National Labor Relation’s Board new union representation procedures – handing a significant...more

Proskauer - Labor Relations Update

Breaking: Federal Court Strikes Down New NLRB Rules on Representation Election Procedures; Implementation Delayed and Status of...

After an initial COVID-19 related delay, the sweeping new NLRB representation election rules that reversed the Obama-era “quickie” election process were about to go into effect on May 31, 2020.  However, an eleventh-hour...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor - Summer 2019

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - May 2019

EEO-1 Appeal. Late last week, the U.S. Department of Justice filed an appeal in the case that restarted the Equal Employment Opportunity Commission’s (EEOC) 2016 EEO-1 wage reporting scheme. The government appealed both the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - November, 2017 #3

Tax Bill or Health Bill? It’s Two Bills in One! Caught in a legislative black hole, the Affordable Care Act (ACA) cannot escape efforts to eradicate it—or at least large chunks of it. ...more

Kelley Drye & Warren LLP

Employers Earn an Important Victory in “Union Walk-around” Lawsuit

On Friday, February 3, a federal judge in Texas denied (in part) a motion to dismiss a lawsuit challenging an OSHA Standard Interpretation Letter (known as the “Fairfax Memo”) that contains policies for safety walk-arounds. ...more

FordHarrison

Implementation of DOL's New Persuader Rule Permanently Blocked

FordHarrison on

A federal court in Texas has issued a decision permanently blocking the U.S. Department of Labor (DOL) from implementing the final version of its "persuader rule." See National Federation of Independent Businesses v. Perez...more

Seyfarth Shaw LLP

OSHA Sued Over Employee Inspection Walk-Around Rights Interpretation

Seyfarth Shaw LLP on

Seyfarth Synopsis: Industry has sued to block OSHA’s efforts to give unions increased access to non-union worksites. We had blogged previously about OSHA’s new standard interpretation guidance letter that would allow...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Employment Law Authority - July/August 2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

Bond Schoeneck & King PLLC

NLRB’s “Quickie” Election Rule Upheld

Last month, the United States Court of Appeals for the Fifth Circuit affirmed the lower court’s decision upholding the National Labor Relations Board’s “quickie” election rule. As we previously reported, the final rule,...more

Dickinson Wright

NLRB Ambush Election Rule Withstands an Appeal

Dickinson Wright on

An employer-led challenge to the National Labor Relations Board’s 2015 changes to union election rules has been rejected by the 5th U.S. Circuit Court of Appeals. The rejection means that the controversial rule changes...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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