Labor Law - NLRB

Acting NLRB General Counsel Issues Guidance for Salting Cases On July 24, National Labor Relations Board Acting General Counsel (AGC) William B. Cowen issued Memorandum GC 25-08 (the “Salting Memo”), which provides case processing guidance to the Regions for investigating refusal-to-hire and refusal

On July 17, 2025, President Donald Trump nominated a pair of labor lawyers to fill two of the three vacant seats on the National Labor Relations Board (NLRB) and potentially provide the NLRB with a quorum necessary to issue precedential decisions.

Join CDF Partners Mark S. Spring and Tashayla Billington for a focused webinar on key NLRB developments since January, including the impact to employers from past and future Board Member composition changes, NLRB General Counsel appointments, new NLRB GC Memorandum from the Acting NLRB GC, and NLRB

Curb Your Remedial Enthusiasm – NLRB Acting General Counsel Offers Remedial Relief to Employers On May 16, National Labor Relations Board Acting General Counsel William Cowen issued Memorandum GC-25-06 , calling for an efficient, practical approach to NLRB settlement agreements. tgelbman@littler.com

On May 22, 2025, the Supreme Court of the United States accepted the Trump administration’s argument to keep former National Labor Relations Board (NLRB) member Gwynne Wilcox and former Merit Systems Protection Board (MSPB) member Cathy Harris off their respective boards during the pendency of their

The National Labor Relations Board (NLRB) recently announced a new policy to loosen the standards for applying remedies in settlement agreements. This policy shift might make it easier and faster for employers to reach settlements with employees and unions.

Nearly a century ago, the U.S. Supreme Court determined the scope of presidential powers over independent federal agencies in Humphrey’s Executor v. United States , 295 U.S. 602 (1935). Today, the Supreme Court may soon revisit its decision to determine whether the president has the power to termina

By: Bouncing Back and Forth: Wilcox’s NLRB Status Tilts Once More NLRB member Gwynne A. Wilcox’s status with the National Labor Relations Board (“NLRB” or “Board”) continues to move back and forth faster than a pinball on tilt. Only Monday morning, after a series of back and forth rulings that we ch

The Labor Law Ping-Pong Continues: Federal Appeals Court Allows NLRB Member Wilcox to Return to Work The U.S. Court of Appeals for the D.C. Circuit has ruled that National Labor Relations Board Member Gwynne Wilcox will return to work while she challenges her removal. This latest decision reverses a

By: As of This Morning, Wilcox Is Back and the NLRB Has a Quorum Again – At Least for Now NLRB member Gwynne A. Wilcox’s status with the National Labor Relations Board (“NLRB” or “Board”) moves back and forth faster than a table tennis ball at an Olympic match. On January 7, President Trump fired Wi

By: NLRB Again Without A Quorum Approximately three weeks ago, we reported that Judge Berly A. Howell, granted fired NLRB Board Member Gwynne A.Wilcox’s motion for summary judgment and reinstated her as a Board member. This decision restored the NLRB’s three member quorum and allowed it to again beg

Federal Court of Appeals Allows President to Remove NLRB Member Wilcox for Now A federal court of appeals has allowed President Trump to remove Gwynne Wilcox, a National Labor Relations Board member, while it considers Wilcox’s case. The court’s decision reverses an earlier district court order that

On March 28, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board (NLRB) member Gwynne Wilcox and Merit Systems Protections Board (MSPB) member Cathy Harris without cause.

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2025 issue of the Practical NLRB Advisor.

By: President Trump Nominates New NLRB General Counsel According to the March 24 Congressional Record , President Trump nominated Morgan Lewis labor law attorney Crystal Carey as the new National Labor Relations Board General Counsel. Ms. Carey has been practicing for approximately fifteen and a hal

In one of his first acts in his new role, National Labor Relations Board (NLRB) Acting General Counsel William B. Cowen rescinded dozens of general counsel memoranda issued by his predecessor, former General Counsel Jennifer Abruzzo, as part of a reshaping of policy priories at the NLRB under the Tr

Recently selected acting GC William Cowen’s Memo 25-05 rescinds dozens of his predecessor’s expansive and novel enforcement priorities.

A federal district court has held that Gwynne Wilcox, a member of the National Labor Relations Board, was “illegally” fired from her job. The court ordered the Board’s current chair to restore her access to the Board and let her serve out the remainder of her term. The administration promptly

National Labor Relations Board (NLRB) Member Gwynne Wilcox, removed by President Donald Trump during his first days in office, has been reinstated by a federal judge of the U.S. District Court for the District of Columbia. The judge ruled that the president does not have the authority to remove a