With the December 2025 appointment of two Board members and a new General Counsel, the National Labor Relations Board (NLRB or the Board) is up and running again. Recent developments from the General Counsel’s office and the Board signal important guidance about the Agency’s priorities as Trump’s appointees take the helm.… Continue Reading
Originally introduced in the Senate in March 2025, Representative Donald Norcross (D-NJ) introduced the Faster Labor Contracts Act (“FLCA”) to the House of Representatives on September 16, 2025. The FLCA seeks to hasten the bargaining of first collective bargaining agreements. According to the Proposed Bill, average number of days for bargaining a first contract were well over a year — 465 days.… Continue Reading
Circuit Split Over Thryv Remedies. On October 20, 2025, the U.S. Court of Appeals for the Ninth Circuit generally upheld expanded make-whole remedies contemplated by the National Labor Relations Board (the “Board”) in Thryv, Inc., 372 NLRB No. 22 (2022). But since Halloween this year, both the Fifth and the Sixth Circuits joined the Third Circuit in rejecting Thryv remedies.… Continue Reading
The National Labor Relations Board’s (NLRB) Acting General Counsel recently concluded that surreptitious recordings of collective bargaining sessions is a per se violation of the National Labor Relations Act (the Act). In the memo issued to NLRB regional offices on June 25, 2025, Acting General Counsel William B. Cowen instructed regions to issue a complaint, alleging bad faith bargaining, if an investigation reveals surreptitious recording occurred. … Continue Reading
The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to ignore a swatch of Biden-era decisions pursuant to President Trump’s Executive Order asserting that the President and the AG have the power to interpret the law for all agencies. … Continue Reading