Compliance Stuff

At a Glance For nearly 50 years, the Supreme Court’s decision in  NLRB v. Gissel Packing Co . governed when the Board could issue a bargaining order despite a union’s election loss. In 2023, the Board departed from  Gissel  in  Cemex  by making bargaining orders the default remedy when employer unfair labor practices require setting aside an election. As the first federal court of appeals to review a  Cemex  bargaining order, the Sixth Circuit denied enforcement 2-1 on the ground that  Cemex  was an improper exercise of the Board’s adjudicatory authority. In  Brown-Forman v. NLRB , the U.S. Court of Appeals for the Sixth Circuit became the first federal circuit court to review the National Labor Relations Board’s recent  Cemex  decision. The court found the Board engaged in improper rulemaking when it altered decades of precedent by mandating a bargaining order whenever the employer commits unfair labor practices (ULPs) that re...

After several months without a functioning quorum, President Trump nominated James Murphy and Scott Mayer to fill vacant seats on the National Labor Relations Board late last week, signaling the potential for a significant course correction of the nation’s labor law landscape. Once confirmed as expected, these nominees could quickly reshape things for employers across the country, especially as many continue to grapple with aggressive union activity, a backlog of Board decisions, and sweeping changes to precedent issued under the prior administration. With the pendulum poised to swing back, employers should start preparing now for what could be a more management-friendly Board. Here is a quick recap and a list of the five most significant cases you should keep your eye on. Trump's Picks and a Path Back to Quorum On July 17, President Trump announced the nominations of two new Board members to fill two of the vacant seats on the NLRB: Scott Mayer, chief labor counsel at a global aer...