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National Labor Relations Board › Due Process

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Fisher Phillips

Could SpaceX Change the Labor Board’s Future? Here’s What Employers Need to Know

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SpaceX is challenging whether the National Labor Relations Board should continue to exist as we know it. In two separate lawsuits, the aerospace company has asked a federal court to strike down the agency’s structure as...more

Bradley Arant Boult Cummings LLP

Try Again NLRB – 5th Circuit Remands Case Back After the Board’s Bait and Switch Move

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What happens when the NLRB asks a federal court to remand a case back to the board based on a new case holding to interpret the matter before it, the court does so, and then the board pulls a “bait and switch” to flat out...more

Dorsey & Whitney LLP

The Supreme Court Update - June 14, 2024

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On Thursday, June 13, the Supreme Court of the United States issued three decisions: FDA v. Alliance for Hippocratic Medicine, No. 23-235: This case involves an attempt to rescind the Food and Drug Administration’s...more

Fisher Phillips

Summer Reading for Educational Leaders: Resources to Help You Plan for the 2024-2025 School Year

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As you recover from another whirlwind of a school year, we hope you can take some time to relax and enjoy your summer break. The next few months will be the perfect time to – at your leisure – catch up on this past year’s...more

Dorsey & Whitney LLP

The Supreme Court Update - January 18, 2024

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On Friday, January 12, the Supreme Court of the United States granted certiorari in five cases: Smith v. Spizzirri, No. 22-1218: This case involves the interpretation of Section 3 of the Federal Arbitration Act (“FAA”),...more

Perkins Coie

NLRB Board Scales Back Rules for Fast-Tracking Union Representation Elections

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The National Labor Relations Board announced a number of changes to its representation election rules on December 13, 2019, many of which, to some degree or another, restored elements of the Board’s procedures prior to the...more

Fisher Phillips

Balance Restored: The NLRB Curtails “Quickie Election” Rule

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At the end stages of lone Democrat Board Member McFerran’s term, the National Labor Relations Board (NLRB) Friday, December 13th, issued the first of what may be a number of rulings in the form of a procedural regulation...more

Foley & Lardner LLP

Neo-Nazi in Your Workplace? Tread Carefully Before Taking Action

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We live in an unfortunate time in which white nationalists and neo-Nazis are receiving a great amount of publicity. In the aftermath of this month’s events in Charlottesville, Virginia we are likely to see additional rallies,...more

Sherman & Howard L.L.C.

Benchslap for Blacklisting Rule

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Yesterday a federal court put a temporary hold on the Obama Administration’s so-called Blacklisting Rule. Associated Builders v. Rung. In a previous blog we described in detail the Administration’s Executive Order and...more

Seyfarth Shaw LLP

Two Additional Lawsuits Filed Challenging the DOL’s Final Persuader Rule

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In follow-up to our earlier blog post about the first lawsuit to challenge the U.S. Department of Labor’s Final Persuader Rule that was promulgated in late March, two additional lawsuits have been filed challenging the Final...more

Pullman & Comley - Labor, Employment and...

Be Aware of Public Employees Disciplinary Proceedings Protections: Loudermill, Wiengarten and Garrity

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This post is primarily for public sector employers such as state agencies, municipalities and districts. By virtue of being employed by the government and quite likely represented by a labor union, public sector employees in...more

Pullman & Comley - School Law

Disciplinary Investigations of Employees – Three Names to Know

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Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

Sherman & Howard L.L.C.

NLRB Election Rule Under Fire

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On January 5, 2015, the U.S. Chamber of Commerce, the Coalition for a Democratic Workplace (CDW), the National Association of Manufacturers, the National Retail Federation, and the Society for Human Resource Management...more

Levenfeld Pearlstein, LLC

U.S. Chamber and Business Groups File Suit to Block New NLRB Election Rule

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This week, the U.S. Chamber of Commerce and several business trade groups announced that they jointly filed a complaint in federal court against the National Labor Relations Board (NLRB), seeking to strike the Board’s new...more

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