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
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…
No Injunction for You: Third Circuit Rejects Employer Bid to Halt NLRB Case, Setting up Circuit Split
In a significant decision, the Third Circuit Court of Appeals held on December 3, 2025 that federal courts lack jurisdiction to issue injunctions that would halt ongoing National Labor Relations Board (“NLRB”) administrative proceedings—even when an employer frames its challenge as a constitutional attack on the NLRB’s structure.
The ruling…
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…
Updated: Off the Rails? Union Asks Supreme Court to Rein in Fifth Circuit; the Court Says No.
By Joshua Fox, Taylor Arluck & Daniel H. Dorson on
We have been tracking the wave of constitutional challenges to the National Labor Relations Board’s (“NLRB” or “Board”) structure and the divergent injunction standards emerging across circuits. (See here, here, here and here.)
In the latest development, on October 31, 2025, the Office and Professional Employees International…
Removable At Will: D.C. Circuit Strips NLRB Members Of Job-Removal Protections
On December 5, 2025, a divided D.C. Circuit panel held that for-cause job-removal protections for members of the National Labor Relations Board (“NLRB” or “Board”) and Merit Systems Protection Board are unconstitutional because they violate Article II.
The ruling has immediate consequences for the NLRB and sets up a direct…
Fine Line: Fourth Circuit Joins Other Courts In Narrowly Interpreting Who Qualifies As An NLRA-Exempt Manager
On December 1, 2025, in NLRB v. Constellis, LLC, a unanimous Fourth Circuit panel joined other federal appellate courts in narrowly interpreting the National Labor Relations Act’s (“NLRA” or the “Act”) judge-made managerial exception, which carves out certain high-level employees from the NLRA’s protections.
The decision reinforces the decades-long…