The D.C. Circuit just issued a cautionary decision to employers trying to set “ground rules” in negotiations that limit the topics of bargaining. As we previously covered, in December 2022, the National Labor Relations Board (“NLRB” or “Board”) found that Troutbeck Company, a company that owns a hotel in
Despite Supreme (Court) Blow, Latest NLRB GC Memorandum Advocates for the Aggressive Pursuit of 10(j) Injunctions
By Joshua Fox & Tony S. Martinez on
On July 16, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released GC Memorandum 24-05 to all field offices stating that the agency should continue “to aggressively seek Section 10(j) injunctions,” notwithstanding a recent decision by the U.S. Supreme Court raising the Board’s burden for seeking a temporary injunction. Section 10(j) of the National Labor Relations Act (“NLRA”) authorizes the Board to seek temporary injunctive relief in federal district court while litigating the merits of an unfair labor practice proceeding to ensure that any remedy the Board might eventually issue will not be moot or hollow.
D.C. Circuit Strikes Down Board’s Mail Election Ruling for Lack of Justification
By Joshua Fox & L.D. Jones on
On July 9, 2024, D.C. Circuit Court of Appeals remanded a National Labor Relations Board (“Board”) decision for further clarification. In GHG Management LLC v. NLRB, Case No. 22-1312 (D.C. Cir. July 9, 2024), the D.C. Circuit Panel denied the Board’s motion for enforcement of its order certifying…
Not So Fast: D.C. Circuit Resists Invitation to Reject NLRB Deference
By Joshua Fox & Austin McLeod on
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.
Two Blockbuster U.S. Supreme Court Decisions May Spell End of NLRB’s Expansion of Reach of NLRA as Well as How Agency Prosecutes Cases
By Mark Theodore, Joshua Fox & Michael Kratochvil on
The U.S. Supreme Court issued two blockbuster decisions this week, both of which likely will curtail the ability of federal agencies, including the NLRB, to prosecute cases and expand the law.
In a 6-3 decision announced Thursday in Securities and Exchange Commission v. Jarkesy et al., U.S., No. 22-859 (Jun.
Texas Federal Judge Enjoins Part of DOL Prevailing Wage Rule
By Paul Salvatore, Joshua Fox & Michael Kratochvil on
On June 24, 2024, Judge Sam R. Cummings of the U.S. District Court for the Northern District of Texas enjoined part of a U.S. Department of Labor (“DOL”) Rule altering the Davis-Bacon Act. In his opinion, Judge Cummings held that the DOL had engaged in “egregious violations” of the U.S.
Compete All You Want: ALJ Strikes Down Non-Compete Agreement, Setting Up NLRB Review
By Mark Theodore, Joshua Fox & L.D. Jones on