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The National Labor Relations Act › Unfair Labor Practices › Labor Relations

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Husch Blackwell LLP

The Labor Law Insider: How Unions Are Navigating Trump 2.0, Part II

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Host Tom Godar welcomes Husch Blackwell colleague Adam Doerr back to the show for the second and final part of a conversation exploring how organized labor has approached the early days of Trump 2.0. In this episode, Tom and...more

Husch Blackwell LLP

The Labor Law Insider - How Unions Are Navigating Trump 2.0, Part I

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Host Tom Godar welcomes Husch Blackwell colleague Adam Doerr to the show for a two-part episode to discuss how organized labor has approached the early days of Trump 2.0. Among other actions, the administration dismissed the...more

Spilman Thomas & Battle, PLLC

The Pendulum Swings – Changes at the NLRB Under the Trump Administration

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The installation of a new Administration with a fundamentally different philosophical identity once again foreshadows fundamental changes in the relationship between private sector employees and employers governed by the...more

CDF Labor Law LLP

Insight from the New NLRB General Counsel

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Last week, I attended the American Bar Association’s Mid-Winter Meeting for the Committee on Development Under the Law of the NLRA in Clearwater, Florida. William Cowen, the new National Labor Relations Board (NLRB) General...more

Morgan Lewis

New NLRB Acting General Counsel’s Actions and Increased White House Oversight Signal Shift in Enforcement

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National Labor Relations Board Acting General Counsel William B. Cowen on February 14, 2025 changed the course of the agency’s strategic goals by rescinding more than a dozen memos penned by former General Counsel Jennifer...more

Dorsey & Whitney LLP

Biden Administration Labor Law Initiatives Swept Away

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In a widely expected move, Acting National Labor Relations Board (“NLRB”) General Counsel William Cohen rescinded a range of Biden Administration labor-law policies, including high-profile directives that targeted...more

Constangy, Brooks, Smith & Prophete, LLP

A Valentine for some NLRB watchers: Former General Counsel memoranda rescinded

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On February 14, the Acting General Counsel of the National Labor Relations Board issued a Memorandum announcing the rescission of many of the memoranda issued by his predecessor, General Counsel Jennifer Abruzzo. GC Abruzzo...more

Jackson Lewis P.C.

NLRB Acting GC: Student-Athletes Are Not Employees

Jackson Lewis P.C. on

On February 18, 2025, National Labor Relations Board Acting General Counsel William Cowen rescinded a September 2021 memorandum in which former Board General Counsel Jennifer Abruzzo declared college athletes should be...more

Benesch

No Love Lost: Acting National Labor Relations Board General Counsel Rescinds Litany of Former GC Abruzzo’s Policy Memoranda in...

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Signaling a strong shift away from the policy positions of the former administration, Acting National Labor Relations Board (“NLRB”) General Counsel William Cowen issued a GC Memorandum on February 14, 2025, rescinding 31 GC...more

Perkins Coie

Divided Ninth Circuit Panel Upholds NLRB’s Enhanced Remedial Powers

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In IUOE, Local 39 v. National Labor Relations Board, No. 23-124, No. 23-150, 23-188, a U.S. Court of Appeals for the Ninth Circuit panel issued a 2-1 ruling on January 21, 2025, enforcing a National Labor Relations Board...more

Fisher Phillips

What Employers Need to Know About the Current State of the NLRB

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A series of game-changing moves from the White House have left employers struggling to understand the lay of the land when it comes to the nation’s labor law. Even though it might feel like we’re entering unchartered...more

Jackson Lewis P.C.

NLRB Overhaul: Setting Stage for Employers, Trump Removes Board Member Wilcox, Fires GC Abruzzo

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Although National Labor Relations Board General Counsel Jennifer Abruzzo’s termination by President Donald Trump was widely expected, his removal of Board Member Gwynne Wilcox is unprecedented. Wilcox’s removal also leaves...more

Proskauer - Labor Relations Update

Ninth Circuit Buys a Circuit Split on Available Remedies Under the NLRA

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On January 21, 2025, the U.S. Court of Appeals for the Ninth Circuit enforced a National Labor Relations Board (“NLRB” or the “Board”) order requiring Macy’s to provide workers with heightened remedies in response to an...more

FordHarrison

How Will the President's Termination of NLRB GC Abruzzo and Member Wilcox Impact Employers?

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Real World Impact: The president’s recent discharge of National Labor Relations Board (NLRB or Board) Member Gwynne Wilcox means the Board currently lacks a quorum; thus, pending unfair labor practice (ULP) cases and...more

Amundsen Davis LLC

NLRB Shakeup: Trump Removes Two NLRB Officials

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President Trump has ousted National Labor Relations Board (NLRB)Labor Law General Counsel Jennifer Abruzzo—a move that mirrors former President Biden’s unprecedented removal of the board’s general counsel four years ago....more

Morgan Lewis

NLRB Returns to “Clear and Unmistakable Waiver” Test for Assessing Employer Unilateral Changes

Morgan Lewis on

In Endurance Environmental Solutions, the National Labor Relations Board returned to the “clear and unmistakable waiver” standard for determining whether an employer may make changes to terms and conditions of employment...more

Jackson Lewis P.C.

Uphill Battle for Employer Unilateral Changes as NLRB Returns to “Clear and Unmistakable Waiver” Standard

Jackson Lewis P.C. on

The National Labor Relations Board returned to prior precedent, making it more difficult for employers to defend against unfair labor practice charges alleging a unilateral change in violation of the National Labor Relations...more

Burr & Forman

The Burr Broadcast: Captive Audience Meetings

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In this episode of The Burr Broadcast, Joe Barnello examines the recent decisions from the National Labor Relations Board on so-called captive audience meetings and communications regarding the management-employee...more

Baker Donelson

NLRB Places Further Restrictions on Employers: Captive Audience Meetings Restricted

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The National Labor Relations Board (the Board) voted 3-1 (along party lines, with Member Kaplan dissenting) on November 13, 2024, to prohibit so-called "captive audience" meetings.1 In doing so, the Board overturned...more

Hendershot Cowart P.C.

NLRB to Employers: Make Sure Non-Competes Are Lawful, Or Compensate Employees For Financial Harm

Hendershot Cowart P.C. on

On October 7, 2024, Jennifer A. Abruzzo, General Counsel for the National Labor Relations Board (NLRB) issued a memo urging field offices to root out unlawful non-compete provisions and remedy the harmful effects. “Whether...more

Husch Blackwell LLP

The Labor Law Insider - Elections Have Consequences: Labor Law Changes Anticipated Under Trump Administration, Part I

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Husch Blackwell attorneys Mary-Ann Czak and Rufino Gaytán join Labor Law Insider host Tom Godar in a post-election analysis of anticipated policy changes in connection with the incoming Trump administration. The National...more

Littler

The NLRB Decision on Mandatory Employer Meetings Has Other, Less Obvious Implications for Employers

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The recent NLRB decision finding that mandatory employer meetings involving unionization discussions are unlawful includes other points that will affect employers....more

Littler

NLRB Jettisons 76-Year-Old Precedent Covering Workplace Meetings

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Since 1948, Section 8(c) of the National Labor Relations Act (NLRA) had been interpreted to protect the First Amendment right of employers to bring employees together to exchange views, arguments, and opinions about...more

Hinshaw & Culbertson - Employment Law...

Taking a Deeper Look at the Implications of the NLRB Declaring Captive-Audience Meetings Unlawful

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On November 13, 2024, the National Labor Relations Board (NLRB) issued a decision in Amazon.com Services LLC, holding that "captive-audience meetings" are unlawful under the National Labor Relations Act (NLRA). This decision...more

Parker Poe Adams & Bernstein LLP

NLRB Issues Two Decisions Limiting Management's Ability to Contest Unionization

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During union representation campaigns, it is common for employers to advise employees of the downsides posed by union recognition. The current National Labor Relations Board (NLRB) has criticized these tactics, alleging that...more

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