Although the National Labor Relations Board (NLRB) has operated for most of this year without a quorum and thus unable to issue decisions, that could soon change. President Trump nominated Scott Mayer (chief labor counsel at Boeing Co.) and James Murphy (former NLRB attorney) to fill two vacant Republican seats
Hard Bargaining Gone Bad: D.C. Cir. Upholds NLRB’s Bad-Faith Finding
Most recently, on June 27, 2025, the D.C. Circuit upheld an NLRB ruling that George Washington University Hospital (“Hospital”) engaged in bad-faith bargaining during its 2016 to 2018 negotiations with 1199SEIU United Healthcare Workers East (“Union”). The three-judge panel unanimously upheld the NLRB’s 2024 determination that the Hospital’s conduct—centered around three core proposals—amounted to unlawful surface bargaining in violation of Sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act (“NLRA”).
When Protesting Is Not Protected: NLRB Finds Employees’ Off-Duty Participation in Black Lives Matter Protests Not Protected Activity
On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside of work were not constructively discharged when they resigned because they did not
Not So Fast: D.C. Circuit Resists Invitation to Reject NLRB Deference
On July 5, 2024, in Hospital de la Concepcion v. NLRB, the D.C. Circuit was the first federal appeals court to weigh in on deference afforded to the National Labor Relations Board (“NLRB”) in the wake of the landmark U.S. Supreme Court ruling in Loper Bright Enterprises, et al.
Sixth Circuit Panel Questions Board’s Emergency Pay Increase Ruling
On May 9, 2024, the U.S. Court of Appeals for the Sixth Circuit heard oral argument regarding the National Labor Relations Board (“NLRB”) exception allowing an employer to unilaterally make decisions during an emergency. The Board sought court enforcement of its ruling that Metro Man IV LLC failed to notify
New York Bans Mandatory Captive Audience Meetings
On September 6, New York State Governor Kathy Hochul signed into law (A6604 / S4982) a bill banning businesses from requiring employees to attend meetings or listen to communications where the “primary purpose” of such meetings or communications is for management to voice its views on certain religious
Another One: The NLRB Revives Standard That Employees Are Protected When Advocating for Nonemployees
A slew of decisions that were pending before the National Labor Relations Board (“NLRB” or the “Board”) have been issued at the end of August, coming at the close of Member Wilcox’s term. In American Federation for Children, Inc., 372 NLRB No. 137, a 3-1 majority reversed recent
Board Rescinds Four Provisions to 2019 Election Rule Following Federal Appeals Court Vacating the Provisions
Thursday, the NLRB issued a notice to rescind four provisions from the Board’s Rules and Regulations contained in its Final Rule published in December 2019 (the “2019 rule”). The Board’s notice rescinding all four provisions, which were struck down by the Court of Appeals for the D.C. Circuit in January