On November 26, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 25-02 to all Regional Directors, Officers-in-Charge, and Resident Officers, seeking to ensure that settlement agreements based on unfair labor practice allegations adequately address the public rights implicated by potential violations
Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance
For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025.
While we anticipate that President-elect Trump will immediately terminate the current General Counsel (and Deputy General Counsel)—just as President…
NLRB Delivers Ban on Captive-Audience Meetings in Amazon Case
Throwing out 75 Years of precedent in a single decision, on November 13, 2024, in Amazon.com Services LLC, the National Labor Relations Board (the “Board”) the Board overruled the seminal case of Babcock & Wilcox Co., 77 NLRB 577 (1948) and held that, going forward, employers violate the…
Don’t Say That: NLRB Overrules Forty-Year Precedent, Increasing Scrutiny on Employer Statements Regarding the Impact of Unionization
On November 8, 2024, in Siren Retail Corp d/b/a Starbucks, the National Labor Relations Board (the “Board”) ruled that employers may violate the National Labor Relations Act (the “Act”) by making statements to workers regarding the impact that unionization would have on the relationship between employees and management, overruling…
Ninth Circuit Panel Hears Oral Argument on the NLRB’s Transformative Cemex Decision
On October 21, 2024, the U.S. Court of Appeals for the Ninth Circuit in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.) heard oral argument on the revised National Labor Relations Board (“NLRB” or the “Board”) framework for responding to union organizing…
On The Rise: Union Representation Petitions Increase by 27% Over the Last Year
On October 14, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a press release confirming the continued increase in union organizing efforts. While the NLRB did not attribute any particular reason for the upward trajectory in petition filings, this trend, which has sharply risen over the last…
NLRB GC Abruzzo Issues Memo Calling for Harsher Remedies for Noncompetes and Stay or Pay Provisions That Violate the NLRA
On October 7, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released MEMORANDUM GC 25-01, titled “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions that Violate the National Labor Relations Act.” GC Abruzzo states in the memo that she intends to urge…
United States Government Accountability Office Finds Federal Contracting Rules do not Prohibit Labor Harmony Agreement Requirements
In a decision issued on September 16, 2024, the United States Government Accountability Office (“GAO”) ruled that federal contracting rules do not prohibit government agencies from requiring contractors to enter into labor harmony agreements.
In 2022, Maximus Federal Services, Inc. (“Maximus”), won a contract with the Department of Health and…