On April 13, 2026, President Trump nominated James Macy to fill the third vacant Republican seat on the National Labor Relations Board (“NLRB” or the “Board”). The President also re-nominated current Democrat NLRB Member...more
On March 6, 2026, the Sixth Circuit issued its decision in Brown-Forman Corporation v. NLRB, marking the first appellate rejection of the National Labor Relations Boards’ (“NLRB” or “Board”) Cemex framework. As previously...more
On Feb. 9, the National Labor Relations Board dismissed its long-running unfair labor practice complaint against Space Exploration Technologies Corp. that alleged the company unlawfully terminated certain engineers....more
3/5/2026
/ Administrative Proceedings ,
Constitutional Challenges ,
Corporate Counsel ,
Jurisdiction ,
National Mediation Board (NMB) ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Railway Labor Act ,
Section 7 ,
Unfair Labor Practices
On February 27, 2026, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Crystal Carey, issued General Counsel Memorandum 26-03 (“GC 26-03”), which provides directives to NLRB Regional Offices...more
On February 19, 2026, the Eleventh Circuit upheld a 2024 National Labor Relations Board (the “NLRB” or “the Board”) decision finding the now-defunct Southwest Florida Symphony Orchestra and Chorus Association prematurely...more
On February 9, 2026, the National Labor Relations Board (“NLRB” or the “Board”) dismissed its long-running unfair labor practice complaint against SpaceX that alleged SpaceX unlawfully terminated certain engineers. The...more
2/12/2026
/ Administrative Law Judge (ALJ) ,
Appeals ,
Constitutional Challenges ,
Corporate Counsel ,
Jurisdiction ,
Labor Relations ,
NLRA ,
NLRB ,
Railway Labor Act ,
Transportation Industry ,
Unfair Labor Practices
As reported, the National Labor Relations Board (“NLRB” or the “Board”) regained a quorum late last year. Many expected that the new Republican majority would soon begin revisiting the Biden-era decisions that were widely...more
As an update to our previous blog, on January 28, 2026, the National Labor Relations Board (“NLRB” or “the Board”) issued further guidance clarifying GC 26-01, explaining that the new docketing protocol is intended only as a...more
On January 15, 2026, the National Labor Relations Board (“NLRB” or the “Board”) issued its first published decision with a new quorum. In Satellite Healthcare, 374 N.L.R.B. No. 25, the Board held that Regional Directors...more
On December 23, 2025, in one of his final acts in the role, then National Labor Relations Board (“NLRB” or the “Board”) Acting General Counsel (“Acting GC”) William B. Cowen quietly released General Counsel Memorandum GC...more
On December 30, 2025, a federal judge in the Southern District of New York vacated a recent Federal Mediation and Conciliation Service (“FMCS”) policy that laid off a substantial number of federal mediators and sharply...more
1/7/2026
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Collective Bargaining Agreements (CBA) ,
Dispute Resolution ,
Executive Orders ,
Federal Labor Laws ,
Government Agencies ,
Judicial Review ,
Mediation ,
Mediators ,
NLRA ,
Unions ,
Vacated
On December 26, 2025, a federal judge in the Eastern District of California granted the National Labor Relations Board’s (“NLRB” or “Board”) bid for a preliminary injunction to block enforcement of recently enacted labor...more
1/6/2026
/ California ,
Corporate Counsel ,
Federal v State Law Application ,
Labor Relations ,
New Legislation ,
NLRB ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws ,
State Legislatures ,
Supremacy Clause
On December 29, 2025, the Ninth Circuit upheld a district court’s refusal to grant Amazon’s request for a preliminary injunction to pause an ongoing unfair labor practice proceeding while Amazon litigates its constitutional...more
On December 26, 2025, a federal judge in the Eastern District of California granted the National Labor Relations Board’s (“NLRB” or “Board”) bid for a preliminary injunction to block enforcement of recently enacted labor...more
On December 18, 2025, the U.S. Senate confirmed the appointments of Members Scott Mayer and James Murphy, and General Counsel (“GC”) Crystal Carey, to the National Labor Relations Board (“NLRB” or the “Board”). Eleven months...more
UPDATE: On December 3, 2025, the Senate Health, Education, Labor and Pensions (“HELP”) Committee approved President Trump’s nomination of Scott Mayer to fill one of the vacant Republican seats on the National Labor Relations...more
We have been tracking the wave of constitutional challenges to the National Labor Relations Board’s (“NLRB” or “Board”) structure and the divergent injunction standards emerging across circuits. ...more
On August 7, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), William B. Cowen, issued GC Memorandum 25-10 providing revised guidance concerning the deferral of unfair labor practice...more
On June 13, 2024, the U.S. Supreme Court dealt a blow to the National Labor Relations Board’s (“NLRB” or the “Board”) ability to seek injunctive relief during the pendency of an unfair labor practice proceeding. In a near...more
6/14/2024
/ Amazon ,
Appeals ,
Cease and Desist Orders ,
Certiorari ,
Employment Litigation ,
Injunctive Relief ,
NLRA ,
NLRB ,
SCOTUS ,
Starbucks Corp. v McKinney ,
Unfair Labor Practices ,
Wrongful Termination
On August 28, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in Intertape Polymer Corp., 372 NLRB No. 133 (2023) clarifying the standard by which the General Counsel satisfies her initial...more