On January 15, 2026, the National Labor Relations Board (“NLRB” or the “Board”) issued its first published decision with a new quorum. In Satellite Healthcare, 374 N.L.R.B. No. 25, the Board held that Regional Directors (“RDs”) retain their delegated authority even when the Board lacks a quorum, and
Michael Kratochvil
Michael Kratochvil is an associate in the Labor & Employment Law Department and a member of the Labor-Management Relations & Sports Groups. Michael represents unionized and non-unionized employers in all stages of labor-management relations and in proceedings before the National Labor Relations Board.
Michael’s labor-management relations experience spans a variety of industries including healthcare, entertainment, production and manufacturing, higher education, and various service industries. His work involves bargaining units of all sizes represented by labor organizations such as SEIU, Teamsters, UAW, IUOE, UFCW, CWA and many others.
While in law school, Michael interned for Magistrate Judge Katharine H. Parker in the Southern District of New York and was a student volunteer field examiner at Region 2 of the National Labor Relations Board.
Beating the Backlog – NLRB Acting GC Issues Memo Changing Charge Processing Procedure to Address Case Backlog
On December 23, 2025, in one of his final acts in the role, then National Labor Relations Board (“NLRB” or the “Board”) Acting General Counsel (“Acting GC”) William B. Cowen quietly released General Counsel Memorandum GC 26-01, modifying the procedure for processing unfair labor practice charges filed after October 1…
New Year, New Board – NLRB Nominations Confirmed, Board Regains Quorum
On December 18, 2025, the U.S. Senate confirmed the appointments of Members Scott Mayer and James Murphy, and General Counsel (“GC”) Crystal Carey, to the National Labor Relations Board (“NLRB” or the “Board”). Eleven months after Member Gwynne Wilcox’s unprecedented firing, the Board has regained a three-Member quorum and…
Updated: President Trump Taps Two GOP Nominees for NLRB, But Uncertainty Remains
UPDATE: On December 3, 2025, the Senate Health, Education, Labor and Pensions (“HELP”) Committee approved President Trump’s nomination of Scott Mayer to fill one of the vacant Republican seats on the National Labor Relations Board (“NLRB” or the “Board”). Almost two months ago, on October 9, the HELP Committee also…
Fifth Circuit Boosts Spacex’s Constitutionality Arguments
On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed preliminary injunctions halting National Labor Relations Board (“NLRB” or the “NLRB”) proceedings against SpaceX and two other companies while they litigate the constitutionality of NLRB removal protections. In its holding, the court concluded that the for-cause…
Charges Deferred, Grievances Preferred: NLRB Acting GC Issues New Guidance on Deferring Unfair Labor Practice Charges
On August 7, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), William B. Cowen, issued GC Memorandum 25-10 providing revised guidance concerning the deferral of unfair labor practice (“ULP”) charges to the grievance and arbitration processes set forth in collective bargaining agreements (“CBA”).
The…
U.S. Supreme Court Temporarily Stays NLRB Board Member Reinstatement; Board to Again Stay Without a Quorum
On April 9, 2025, the Supreme Court of the United States issued a brief order, staying the District Court’s order reinstating former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board is now left without a quorum for a third time, which, under the National Labor…
BREAKING: Full D.C. Circuit Restores Status Quo Ante, for a Second Time, at the NLRB
As the firing carousel continues, on April 7, 2025, the full United States District Court of Appeals for the D.C. Circuit vacated the panel’s stay and ordered the reinstatement of National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board has now regained a quorum for the…