On September 5, 2025, New York Governor Kathy Hochul signed into law what is dubbed an “NLRB Trigger Bill” amending the New York State Labor Relations Act. The statute itself is hardly a model of clarity, but its sponsors describe it as an effort to expand the jurisdiction
Fifth Circuit Boosts Spacex’s Constitutionality Arguments
By Joshua Fox & Michael Kratochvil on
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…
Hold the Salt: Essential Takeaways from NLRB Acting GC’s Guidance On Union Salting Investigations
By Joshua Fox & Taylor Arluck on
On July 24, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-08 to the Board’s 26 regional offices providing guidance on determining if an employment applicant in the salting context is protected by the National Labor Relations Act…
Updated: President Trump Taps Two GOP Nominees for NLRB, But Uncertainty Remains
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…
Fifth Circuit Bites into NLRB: Apple’s Union Campaign Conduct Lawful
By Joshua Fox & Ariel Brotman on
In the latest (of many) U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders, the Fifth Circuit has tackled employer actions during organizing campaigns. In Apple Inc. v. NLRB, No. 24-60242 (5th Cir. July 7, 2025), the court reversed an NLRB decision and found Apple did…
Myers Lives: Third Circuit Affirms Precedent Shift But Remands Finding of Protected Concerted Conduct in Light of Affirmative Defenses
By Joshua Fox & Ariel Brotman on
Despite the National Labor Relations Board’s (“NLRB” or “Board”) continuing lack of quorum, federal courts of appeal have been busy reviewing its decisions.
The latest appellate decision comes out of the Third Circuit. In NLRB v. Miller Plastic Products Inc., No. 23-02857 (3rd Cir. June 23, 2025), the court…
New York Assembly Passes Bill To Fill Void As NLRB Lacks Quorum, Raising Preemption Concerns
By Michael Lebowich, Joshua Fox & Taylor Arluck on
As we previously reported here, since May 22, 2025, the National Labor Relations Board (“NLRB” or “Board”) has lacked a quorum of at least three members after the U.S. Supreme Court stayed the reinstatement of former Board Member Gwynne A. Wilcox following her firing by President Trump. As a…