Posts tagged jurisdiction
NLRB Relinquishes Jurisdiction Over SpaceX, Abandoning Yearslong Legal Battle
February 17, 2026 // On January 14, 2026, the NMB issued an opinion stating that SpaceX should be covered by the RLA because “space transport includes air travel.” Notably, the fired SpaceX engineers argued that SpaceX does not belong under the NMB because Congress never gave the agency jurisdiction over commercial space transportation, and because unlike airlines serving the general public, SpaceX offers rides only to “hand-picked customers.” These arguments were rejected by the NMB. Citing to that NMB determination, the NLRB regional director reasoned that it lacks jurisdiction over SpaceX and dismissed the pending unfair labor practice complaint.
Halted: Federal Judge Stops Enforcement of New York’s ‘NLRB Trigger Bill’
December 5, 2025 // New York federal judge granted Amazon’s bid for a preliminary injunction barring the enforcement of recent amendments to the Empire State’s State Employment Relations Act (“SERA”) that would have subjected most private-sector employers within the state to the jurisdiction of the Public Employment Relations Board (“PERB”). Prior to passage of the “NLRB Trigger Bill” that amended SERA, PERB, which enforces state labor law, mainly oversaw public-sector employers in New York, though it also regulates labor relations for private-sector employers where federal laws – such as the National Labor Relations Act (“NLRA”) – do not apply, such as for agricultural workers. SERA, generally, applies more employee-friendly standards than the NLRA.
Judge Grants Amazon Request to Block New York Labor Board Law
December 1, 2025 // Amazon won a court order temporarily blocking enforcement of New York’s statute attempting to claim jurisdiction over private-sector union disputes, which the retailer argues is preempted by federal labor law. The state law likely runs afoul of the National Labor Relations Act and should be enjoined while the legal challenge against it proceeds, the US District Court for the Eastern District of New York found.
NLRB Challenges California’s AB 288 as Preempted by Federal Law
October 22, 2025 // The National Labor Relations Board (NLRB) has filed suit against the State of California and the California Public Employment Relations Board (PERB) seeking to block enforcement of Assembly Bill 288, a new law that would allow California to step into the NLRB’s shoes under certain conditions. The NLRB contends that AB 288 is preempted by the National Labor Relations Act (NLRA) and that it violates the Supremacy Clause of the U.S. Constitution. As discussed in our prior update here, California recently joined New York in passing legislation that would allow state agencies to assume powers delegated to the NLRB by Congress
California Dramatically Expands State Labor Board’s Powers to Cover Employees Under NLRB’s Exclusive Jurisdiction, Following New York’s Lead
October 13, 2025 // California’s legislation comes on the heels of and follows the same logic behind New York’s recently enacted “NLRB Trigger Bill” that similarly empowers the Empire State’s PERB to step into the shoes of the Board, which we covered here. The NLRB has lacked a quorum for months and as a result remains unable to process appeals from decisions by Board administrative law judges or regional directors in unfair labor practice or representation cases. However, AB 288 will likely face similar legal challenges to New York’s “NLRB Trigger Bill,” which the Board has sued over, as we covered here. Specifically, AB 288 may be preempted by the National Labor Relations Act (“NLRA” or “Act”), which covers most private-sector employees, under longstanding Supreme Court precedent.
Connecticut: While the longshoremen strike, Orsted brings other union workers to load ships at State Pier
October 29, 2023 // “It’s another sad day for labor when unions will cross other unions' picket lines, regardless of what the issue is,” said Jim Paylor, assistant general organizer for the ILA. He was at the port when buses unloaded with workers from the Building Trades and Operating Engineers Unions.
The Supreme Court hears a case this week that endangers workers’ ability to strike
January 10, 2023 // Glacier Northwest v. International Brotherhood of Teamsters should be a straightforward case. But nothing is ever straightforward in this Supreme Court.
Rep. Good Introduces the Small Businesses Before Bureaucrats Act
May 24, 2022 // “The Small Businesses Before Bureaucrats Act brings much needed updates to federal labor law. Congressman Good should be applauded for bringing the NLRB’s jurisdiction back to the levels Congress intended. With inflation rampant and prices skyrocketing, it is absurd that these standards have not been updated since the 1950s. The modernization of NLRB’s thresholds will protect small businesses in Virginia and across the country from what many see as a partisan Board seeking to put union interest above workers and job creators.” – F. Vincent Vernuccio, President of Institute for the American Worker
National Right to Work Foundation Legal Brief Counters Farm Union Bosses’ Case Seeking Power to Impose Union, Top Down, via Lawsuits
February 24, 2022 // “Union association must be fully voluntary, not the result of backroom dealing in lawsuits by union officials designed to force a union on workers from the top down.”
Union official blasts Tuberville for Warrior Met Coal strike hearing comments
February 21, 2022 // Larry Spencer, vice president of District 20 in the United Mine Workers of America, in a letter to Tuberville (R-Alabama) dated Friday, said the junior Alabama senator had not “reached out in any way to help get this matter resolved.”