On March 24, 2025, the Supreme Court declined to review a Ninth Circuit decision that provided an opportunity to clarify how its landmark decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024) affects the degree of deference federal courts shall afford the National Labor Relations Board (“NLRB”
Trump Appoints New NLRB GC, Subject to Senate Confirmation
By Michael Lebowich, Joshua Fox & Raymond Arroyo on
President Trump has nominated Crystal Carey to serve as the next National Labor Relations Board General Counsel. The appointment is subject to Senate confirmation. If confirmed, Ms. Carey would replace the current Acting General Counsel William B. Cowen, former Regional Director in the NLRB’s Los Angeles Regional Office.
The position…
BREAKING: District Court Restores Status Quo Ante At NLRB
By Michael Lebowich, Joshua Fox & Taylor Arluck on
On March 6, 2025, a D.C. federal judge reinstated former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox, restoring the Board to a quorum, which under the National Labor Relations Act (“NLRA” or the “Act”) requires at least three members. See New Process Steel, L.P. v. NLRB…
Prosecutorial Reset: NLRB Acting General Counsel Rescinds Biden Guidance Memoranda En Masse
By Michael Lebowich, Joshua Fox & Taylor Arluck on
Not waiting for the appointment of a new General Counsel after President Trump’s discharge of both the previous General Counsel and then Acting General and suggesting that his motivation related to the workload of the Agency, on February 14, 2025, National Labor Relations Board’s current Acting General Counsel William B.
Breaking: NLRB Drops Opposition to SpaceX’s Constitutionality Arguments
By Michael Lebowich, Joshua Fox & Michael Kratochvil on
On February 3, 2025, the National Labor Relations Board (“NLRB” or the “Board”) filed a letter with the U.S. Court of Appeals for the Fifth Circuit on Space Exploration Technologies Corp. v. NLRB, Consolidated Case No. 24-50627, et al., indicating that it would not address constitutionality arguments raised in…
UPDATED – NLRB Shake-Up Continues: Trump Fired Acting General Counsel
By Michael Lebowich, Joshua Fox & Michael Kratochvil on
On February 1, 2025, five (5) days after President Trump fired NLRB Member Gwynne A. Wilcox, and NLRB General Counsel Jennifer A. Abruzzo, President Trump fired the NLRB’s second-ranked attorney, NLRB Deputy General Counsel Jessica Rutter. Rutter briefly served as the NLRB Acting General Counsel after Abruzzo’s termination on…
Ninth Circuit Buys a Circuit Split on Available Remedies Under the NLRA
By Joshua Fox & Michael Kratochvil on
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 unfair labor practice (“ULP”) charge. As reported here, the Court’s ruling creates a split with the Third Circuit on available remedies under the National Labor Relations Act (“NLRA” or the “Act”).