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National Labor Relations Board › Employment Litigation › Labor Relations

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Akerman LLP - HR Defense

Will Section 10(j) Injunction Petitions By the NLRB Melt Away or Just Cool Down Since SCOTUS Served Starbucks a Win This Summer?

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The National Labor Relations Board (NLRB or Board) has been using a caffeinated approach to challenge employers in unfair labor practice disputes, with Section 10(j) injunction petitions at the top of the menu, often...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Franczek P.C.

Supreme Court Ruling in Starbucks v. McKinney: Implications for Employees and Unions

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On June 13, 2024, the Supreme Court held that the National Labor Relations Board (the “Board”) is subject to the same standard as any other litigant when it seeks a preliminary injunction in unfair labor practice cases. This...more

Perkins Coie

Supreme Court Rejects More Lenient Test for NLRB Injunctions

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On June 13, 2024, the Supreme Court of the United States made it harder for the National Labor Relations Board (NLRB) to win injunctive relief against employers accused of unfair labor practices. The Court held in Starbucks...more

CDF Labor Law LLP

First Court Decision Following Cemex Scraps Election Outcome that Defeated Union and Orders Employer to Bargain With Union

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On May 14, 2024, the United States District Court of Massachusetts granted the National Labor Relations Board’s first petition for injunctive relief under the new framework announced last year in Cemex Construction Materials...more

Troutman Pepper

A Deep Dive Into Internal Workplace Investigations: Tom Cruise's Minority Report — Hiring to Firing Podcast

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In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs are joined by Marie Latoff, president and founder of Verita, LLC, a firm specializing in workplace investigations. Drawing parallels from...more

Constangy, Brooks, Smith & Prophete, LLP

It’s an election year. Be careful out there.

Constangy, Brooks, Smith & Prophete, LLP on

It’s an election year. Be careful out there. “A long time ago, in a galaxy far, far away,” I represented labor unions. Actually, it was more like 30+ years ago and a few miles down I-85 in Atlanta. Just like that opening...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Seyfarth Shaw LLP

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

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Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the applicability of its new Cemex...more

Husch Blackwell LLP

Labor Law Insider - Forget the Election: Union Representation Without the Messy Election is the Next Labor Law Reality, Part I

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In Part I of this discussion, Husch Blackwell partners Tom O’Day and Tyler Paetkau join Labor Law Insider host Tom Godar to analyze the NLRB’s Cemex decision, which announced a radical new framework for determining when...more

Faegre Drinker Biddle & Reath LLP

Key Takeaways From the 28th Annual Bernard Gottfried Labor Law Symposium

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On October 19, 2023, Faegre Drinker Partner Ryan Funk gave remarks at the 28th Annual Bernard Gottfried Labor Law Symposium, which was sponsored by the National Labor Relations Board, the Wayne State Law School, and the State...more

Sheppard Mullin Richter & Hampton LLP

Judge Issues First Post-Cemex Bargaining Order Despite Employer Winning Union Election

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As we previously reported and discussed here, the Cemex Construction Materials Pacific, LLC ruling has dramatically changed the threshold that will prompt the National Labor Relation Board (“NLRB”) to issue mandatory...more

Bradley Arant Boult Cummings LLP

Open Up the Playbook: NLRB Rules Starbucks Must Produce Document at Hearing or Custodian of the Search

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If you don’t already know, Starbucks has been in a pretty big labor dispute, and there are bound to be lessons for all of us. If your company has internal documents about relations with prospective unions, you may have to...more

McDermott Will & Emery

NLRB Abandons Primacy of Secret Ballot Elections: Employers Should Reassess Labor Relations Risk and Develop New Action Plans

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In its recent Cemex Construction decision, the National Labor Relations Board (NLRB) abandoned two fundamental rules enshrined in Supreme Court case law. Both of those Supreme Court decisions prioritized secret ballot...more

Perkins Coie

National Labor Relations Board Announces New Requirements for Union Representation Cases

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The U.S. National Labor Relations Board (the Board) issued a decision in Cemex Construction Materials Pacific, LLC on August 25, 2023, upending decades of precedent regarding the representation election process. Per the...more

Foley Hoag LLP

NLRB Protects Solo Worker Protests as “Concerted Activity” Under Federal Labor Law

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On August 31, 2023, the NLRB released its decision in Miller Plastic Products, Inc. and Ronald Vincer, 372 NLRB No. 134 (“Miller”), in which the Board re-established a fact-sensitive totality of the evidence test to determine...more

Butler Snow LLP

The NLRB’s CEMEX Decision Provides Unions a Path to Becoming Employees’ Exclusive Representative Without a Guaranteed Election

Butler Snow LLP on

On August 25, 2023, the National Labor Relations Board (“NLRB”) reversed decades of established law with the release of its decision in Cemex Construction Materials Pacific LLC (“Cemex”), NLRB Case No. 28-CA-230115. Cemex...more

Seyfarth Shaw LLP

“Ambush” or “Quickie” Elections Are Back in Full: NLRB Issues Union-Friendly Elections Regulation

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Seyfarth Synopsis: On August 24, 2023, the National Labor Relations Board (NLRB) issued a Final Rule dramatically altering union election processes. The Final Rule overturns many Trump-era regulations, thereby perpetuating an...more

McDermott Will & Emery

NLRB Undercuts Work Rules and Policies for Unionized and Nonunionized Employers

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The National Labor Relations Board (NLRB) recently issued a decision that undercuts union and nonunion employers’ ability to enforce longstanding work rules and policies. In general, this decision will lead to increased...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

BakerHostetler

[Ongoing Program] Unique Issues in Workplace Investigations: Not Your Typical ‘How To’ - April 11th, 2:00 pm - 3:00 pm ET

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10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] Federal Agencies Are Talking About You – and You Can’t Just Ignore It Anymore - April 4th, 2:00 pm - 3:00 pm ET

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10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] Take the Target Off Your Back: Avoiding Common Wage and Hour Practices That May Lead to Litigation - March 28th,...

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10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

BakerHostetler

[Ongoing Program] Back to the Future Part II: The NLRB and the Uncertain State of Labor Law - March 21st, 2:00 pm - 3:00 pm ET

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10th Annual Labor Relations and Employment Law Master Class Series - Please join us for BakerHostetler’s 2023 Labor Relations and Employment Law Master Class Series. Our 10th Annual Master Class Series will be virtual...more

Littler

Littler Lightbulb – January Employment Appellate Roundup

Littler on

At the Supreme Court - Recovery of Damages for Property Destroyed During a Strike. On January 10, 2023, the Supreme Court heard oral argument in Glacier Northwest v. International Brotherhood of Teamsters.  At issue is...more

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