The National Labor Relations Board and unions have been busy. The NLRB received 3,286 union election petitions during FY 2024, up 27% since FY 2023 (when the NLRB received 2,593 petitions) and more than double the number of petitions received in FY 2021. Further, unfair labor practice charge filings are up 7% from FY 2023
We have news on two fronts:
As related to the Federal Trade Commission’s nationwide ban on noncompete agreements, the FTC has appealed the federal court injunction in Texas to the federal Fifth Circuit Court of Appeals in New Orleans. Recall that the FTC issued its nationwide ban, with limited exceptions
Following several complaints filed with the National Labor Relations Board (NLRB), SpaceX has mounted a constitutional challenge against the structure of the NLRB. Specifically, SpaceX contends that NLRB administrative judges and board members are improperly insulated from at-will removal by the president, and that NLRB proceedings violate the separation of power and companies’ right to
The top lawyer for the National Labor Relations Board (NLRB) is ordering her subordinates to continue to seek injunctions against employers for alleged violations of the National Labor Relations Act (NLRA), despite the Supreme Court seemingly making it more difficult to obtain an injunction to enjoin an unfair labor practice.
Section 10(j) of the NLRA
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 reject the very case authority it based its request on?
In an 8-1 decision authored by Justice Clarence Thomas, the United States Supreme Court settled the conflict among circuits in setting the standard for issuing 10(j) injunctions sought in unfair labor practice proceedings. In Starbucks v. M. Kathleen McKinney, the Supreme Court ruled in favor of Starbucks who was seeking to overturn a temporary
A National Labor Relations Board administrative law judge in San Francisco recently ruled that Amazon CEO Andy Jassy violated the National Labor Relations Act when he commented on labor unions through several media outlets. As a result of Mr. Jassy’s violations, the judge entered an order requiring Amazon to post a nationwide notice stating that
Can you prevent your employees from handing out pro-union paraphernalia if they’re on a paid break? After brewing on the issue, the D.C. Circuit says no, backing baristas in the first of five National Labor Relations Board (NLRB) rulings involving Starbucks currently pending before the circuit courts of appeal.
As we’ve noted before, unions
As we have been blogging during the Biden presidency, the National Labor Relations Board has become quite aggressive these days. The aggression toward employers has been shown in the types of conduct the Board finds to be unlawful (like simply holding meetings with employees), the types of relief that the Board seeks (like compensatory damages
Can you enforce your uniform policy, even if that means an employee can’t wear a union t-shirt? Earlier this month, in Tesla, Inc. v. NLRB, the Fifth Circuit looked at that very question and ruled for Tesla.
Let’s face it — from UPS employees and Hollywood screenwriters and actors to auto workers and college