On June 9, the House passed the Faster Labor Contracts Act, 230-193. Every non-union employer should understand what this horrendous law would do. The bill targets first-contract bargaining. Unions argue employers stall until support fades. There is little empirical evidence of that, but the FLCA would force the timeline anyway. Here is the gist. Employers…

The Board is one Senate delay away from losing its ability to decide cases. Here is the math. The NLRB needs three members for a quorum. Democratic member David Prouty’s term ends August 27. If the Senate does not confirm at least one nominee before then, the Board drops below quorum and effectively stops deciding…

Since January, NLRB General Counsel Crystal Carey has filed at least four briefs urging the Board to overturn Biden-era precedent. Here is the target list, and it reads like an employer wish list. First, McLaren Macomb, the 2023 decision making broad confidentiality and non-disparagement clauses in severance agreements unlawful. Carey wants a return to the…

The justices just declined to review the NLRB’s most aggressive remedy power. The circuit split lives on. So frustrating. On June 15, the Supreme Court denied cert in Macy’s Inc. v. NLRB, leaving in place a Ninth Circuit decision that enforced the Board’s 2022 Thryv precedent. Thryv expanded NLRB remedies to cover “all direct or…

A 2-1 NLRB order just split the Board’s own Republican members. A healthcare staffing company, Sharp Staffing Resource Network, asked the Board to review a regional director’s decision allowing a union election. The employees then voted 31-0 to unionize while the request was pending. The Board denied review 2-1, but the lineup was unusual. Republican…

A federal appeals court just refused to give the National Labor Relations Board a second look at a ruling that guts one of its favorite tools. The Sixth Circuit declined to rehear, en banc, its decision in Brown-Forman. A divided panel had held in March that the Board could not create its Cemex bargaining-order framework…