On February 9, 2026, the National Labor Relations Board (“NLRB” or the “Board”) dismissed its long-running unfair labor practice complaint against SpaceX that alleged SpaceX unlawfully terminated certain engineers. The Board’s dismissal letter states that the NLRB lacks jurisdiction over SpaceX, citing a recent opinion issued by the National Mediation
Denied: Full D.C. Circuit Declines To Review Former NLRB Member Wilcox’s Suit Challenging Her Termination
On January 28, 2026, the D.C. Circuit declined former National Labor Relations Board (“NLRB” or “Board”) member Gwynne Wilcox’s request for en banc review of its prior decision upholding her termination, which we covered here.
Wilcox’s suit challenges President Donald Trump’s decision to fire her without cause, despite the…
Update: Beating the Backlog – NLRB Acting GC Issues Memo Changing Charge Processing Procedure to Address Case Backlog
As an update to our previous blog, on January 28, 2026, the National Labor Relations Board (“NLRB” or “the Board”) issued further guidance clarifying GC 26-01, explaining that the new docketing protocol is intended only as a practical adjustment to improve efficiency and is not meant to alter the…
The Board is Back: NLRB Resumes Decisions, Affirms Regional Directors’ Authority Without a Quorum
By Joshua Fox, Daniel H. Dorson & Michael Kratochvil on
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…
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…
Two-to-One: Ninth Circuit Aligns with the Third Circuit in Circuit Split on Injunctive Relief Under the Norris-LaGuardia Act
By Joshua Fox, Daniel H. Dorson & Taylor Arluck on
On December 29, 2025, the Ninth Circuit upheld a district court’s refusal to grant Amazon’s request for a preliminary injunction to pause an ongoing unfair labor practice proceeding while Amazon litigates its constitutional challenge to the structure of the National Labor Relations Board (“NLRB” or “Board”).
The Ninth Circuit is…
Halted: Federal Judge Stops Enforcement of California’s Recently Enacted Labor Law
By Joshua Fox, Daniel H. Dorson & Taylor Arluck on
On December 26, 2025, a federal judge in the Eastern District of California granted the National Labor Relations Board’s (“NLRB” or “Board”) bid for a preliminary injunction to block enforcement of recently enacted labor legislation that empowers the California Public Employment Relations Board (“PERB”) to regulate certain private-sector labor relations…
A Uncommon Intervention May Signal Future SCOTUS Review of NLRB
By Joshua Fox, Daniel H. Dorson & Dixie Morrison on
On December 22, 2025, the U.S. Supreme Court stepped in to stay the Third Circuit’s enforcement of a National Labor Relations Board (“NLRB” or the “Board”) decision and order requiring the Pittsburgh Post-Gazette (the “Post-Gazette”) to bargain in good faith with the Newspaper Guild of Pittsburgh (the “Guild”) as well…