On August 19, 2025, the U.S. Court of Appeals for the Fifth Circuit affirmed preliminary injunctions halting National Labor Relations Board (“NLRB” or the “NLRB”) proceedings against SpaceX and two other companies while they litigate the constitutionality of NLRB removal protections. In its holding, the court concluded that the for-cause removal protections—for NLRB Administrative Law...| Labor Relations Update
On August 7, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), William B. Cowen, issued GC Memorandum 25-10| Labor Relations Update
The Coronavirus pandemic has spawned a lot of questions—and a lot of headaches—for employers, who within the past year have needed to adapt to rapidly| Labor Relations Update
On July 24, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-08 to the Board’s 26 regional offices providing guidance on determining if an employment applicant in the salting context is protected by the National Labor Relations Act (“NLRA” or the “Act”). While...| Labor Relations Update
In an unpublished but nonetheless significant opinion, the Ninth Circuit recently affirmed the lower court’s dismissal of a consolidated lawsuit filed by| Labor Relations Update
Although the National Labor Relations Board (NLRB) has operated for most of this year without a quorum and thus unable to issue decisions, that could soon change. President Trump nominated Scott Mayer (chief labor counsel at Boeing Co.) and James Murphy (former NLRB attorney) to fill two vacant Republican seats on the NLRB, potentially restoring...| Labor Relations Update
In the latest (of many) U.S. Court of Appeals’ decisions reviewing National Labor Relations Board (“NLRB”) orders, the Fifth Circuit has tackled employer| Labor Relations Update
Most recently, on June 27, 2025, the D.C. Circuit upheld an NLRB ruling that George Washington University Hospital (“Hospital”) engaged in bad-faith bargaining during its 2016 to 2018 negotiations with 1199SEIU United Healthcare Workers East (“Union”). The three-judge panel unanimously upheld the NLRB’s 2024 determination that the Hospital’s conduct—centered around three core proposals—amounted to unlawful surface bargaining in violation of Sections 8(a)(1) and 8(a)(5) of the ...| Labor Relations Update
On June 25, 2025, William B. Cowen, the Acting General Counsel of the National Labor Relations Board (“NLRB” or “Board”), issued GC Memorandum 25-07 to the Board’s 26 regional offices arguing that if an employer or union surreptitiously records collective bargaining negotiations then they automatically violate the National Labor Relations Act (“NLRA” or the “Act”). ...| Labor Relations Update
Despite the National Labor Relations Board’s (“NLRB” or “Board”) continuing lack of quorum, federal courts of appeal have been busy reviewing its decisions. The latest appellate decision comes out of the Third Circuit. In NLRB v. Miller Plastic Products Inc., No. 23-02857 (3rd Cir. June 23, 2025), the court reviewed an NLRB decision finding Miller...| Labor Relations Update
As we previously reported here, since May 22, 2025, the National Labor Relations Board (“NLRB” or “Board”) has lacked a quorum of at least three members| Labor Relations Update
On May 20, 2025, a federal district court in Oregon issued a landmark decision invalidating Measure 119, also known as the United for Cannabis Workers| Labor Relations Update
Amidst ongoing transitions—with the Board operating with a quorum and the President’s nominee for General Counsel pending Senate confirmation—the National| Labor Relations Update
On May 22, 2025, the U.S. Supreme Court issued a decision granting President Trump’s emergency application to stay D.C. Circuit Court| Labor Relations Update
President Trump has nominated Crystal Carey to serve as the next National Labor Relations Board General Counsel. The appointment is subject to| Labor Relations Update
The Labor Relations Update is written by the Proskauer Rose Labor Management Group and gives updates on labor & employment issues.| Labor Relations Update
On May 2, 2024, the U.S. Court of Appeals for the Fifth Circuit, in Space Exploration Technologies Corp., v. NLRB, No. 24-40315 (5th Cir. 2024), granted| Labor Relations Update
Shortly after the New Year, on January 4, 2024, Space Exploration Technologies Corp.—or “SpaceX”—filed a complaint in the District Court for the Southern| Labor Relations Update
On March 6, 2025, a D.C. federal judge reinstated former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox, restoring the Board| Labor Relations Update
Not waiting for the appointment of a new General Counsel after President Trump’s discharge of both the previous General Counsel and then Acting General| Labor Relations Update
On November 18, 2024, the U.S. Court of Appeals for the Fifth Circuit heard oral argument on cases involving Amazon.com Inc. and SpaceX, respectively,| Labor Relations Update
On July 19, 2024, the National Labor Relations Board (NLRB) voluntarily dismissed a pending appeal before the United States Court of Appeals for the Fifth| Labor Relations Update
