Posts tagged precedent
Labor Board Dumps Biden-Era Framework for Offensive Conduct
September 29, 2026 // The decision hands employers a major win by effectively wiping the controversial Lion Elastomers ruling off the books and reinstating General Motors’ more employer-friendly framework for deciding when worker language or conduct is so egregious that it loses the protection of the National Labor Relations Act. It shows the impact of new member James Macy giving the Republican majority the third member it needed to change board law. General Motors calls for the well-worn Wright Line standard, frequently used to determine whether a worker’s rights have been violated, to be the test for analyzing worker outbursts during activities otherwise shielded by the NLRA.
Commentary: Finally, it’s time for the Trump NLRB to go on offense
September 21, 2026 // The Cemex decision was legally problematic, and the precedent the Biden NLRB has set was challenged in federal courts. But now, Carey has targeted the Cemex decision for reversal, arguing the decision is “contrary to Supreme Court precedent and sound labor policy.” As labor policy expert Vinnie Vernuccio of the Institute for the American Worker explains: Her [Carey’s] brief notes that the Biden-era board ignored “the significant impact its decision had on worker free choice,” which she rightly calls a “backbone” of federal labor law. The General Counsel’s ultimate point could hardly be clearer or more pro-worker: “The right of employees to vote in a secret ballot election, free from coercion and from an informed position, once meant something — it should again.”
KATU Photojournalist Hits IATSE Union, Station with Federal Labor Board Charges after Being Illegally Fired
September 17, 2026 // Union officials and complicit management illegally demand photographer join union and authorize dues deductions, then had him fired when he refused
Labor Board Decision Rules Region Wrongly Tossed Out McDowell County Employees’ Union Decertification Votes
September 3, 2026 // Board Chairman James Murphy and Member Scott Mayer ruled that the Region 9 Director erred by dismissing Reeves’ decertification petition and refusing to count the ballots from a decertification election held in July 2024. The Board majority found that the Regional Director had simply repeated unproven, settled unfair labor practice allegations against the Commission as the stated basis for dismissal, without making any independent finding, as required by precedent, that Reeves’ petition was actually tainted by direct employer involvement.
Commentary: Short-Term Gains, Long-Term Harm: The Real Cost of Union Monopoly Power
May 22, 2026 // The Mercatus paper's survey findings cut against the union narrative in ways that should matter to anyone who follows labor policy. When asked directly, workers say they prefer unions that cooperate with management over unions that are more powerful but adversarial. They prefer having multiple options for representation rather than one organization with legal monopoly control over their workplace. And union progressive political activity and strikes, the two things union leadership most reliably prioritizes, are the only factors that consistently make workers less favorable toward organized labor.
Commentary: Mayer’s Concurrence Says What Every American Worker Already Knows
May 8, 2026 // The numbers tell the story. Workers in the original Rieth-Riley case filed their petitions in 2020. Those petitions remain dismissed to this day. Smith's petition has been in limbo for over two and a half years, with no hearing date in sight on the underlying case. As Mayer put it, "the open-ended dismissals approved in Rieth-Riley have deprived employees in case after case of any opportunity to vote in a Board-conducted election for years."
NLRB Refrain From Overturning Biden-Era Precedent – For Now
February 8, 2026 // Given a Circuit split in reviews of Board cases on the issue and the Board’s departure from longstanding precedent when it decided Thryv, many practitioners considered itto be ripe for reconsideration by the newly instated Republican-majority Board. In a footnote, however, new Members Mayer and Murphy declined to express any opinion on the expanded remedies created by Thryv. Rather, they explained that the Board will continue to apply existing precedent “in the absence of a three-member majority to overrule it.” Members Mayer and Murphy’s decision to respect this tradition signals that federal labor law – including the union-friendly Biden-era decisions – will likely remain status quo for the foreseeable future.
Eaton Worker’s Federal Complaint Sheds Light on Union Fee Threats in St. Louis
August 29, 2025 // Another critic, the nonprofit Institute for the American Worker (I4AW), highlighted the LMRDA’s origins in addressing labor corruption and stressed the importance of robust financial reporting. I4AW expressed concern that the current proposal focuses too heavily on reducing paperwork rather than preserving oversight. They recommended reconsidering OLMS’s 2020 proposal, which raised thresholds more moderately and introduced a “long form” LM-2 for the largest unions. I4AW also cited recent criminal convictions for embezzlement and financial misconduct involving union officials whose unions would have benefited from the proposed threshold increase, underscoring the need for strong reporting to prevent abuse.
Commentary: How Federal Workers Can Leverage Civil Disobedience as a Strategy to Win
May 27, 2025 // Strikes, slowdowns, sickouts—workers have many ways to withhold their labor to protest injustice in the workplace. Federal employees have no legal right to strike, which is why they have generally avoided this tactic. The last time there was a major strike by federal workers was in 1981. President Ronald Reagan crushed the strike by firing and replacing air traffic controllers who walked off the job, a moment widely viewed as the beginning of the labor movement’s decline. But there is much that separates the strike under Reagan from what federal workers face today under Trump. Reagan had both public sentiment and the law behind him when he fired over 11,000 federal workers.
No Love Lost: Acting National Labor Relations Board General Counsel Rescinds Litany of Former GC Abruzzo’s Policy Memoranda in Valentine’s Day Shakeup
February 19, 2025 // During her tenure, former GC Abruzzo frequently issued employee-friendly memos on a host of issues, including opposing captive audience meetings, clamping down on employer surveillance, and expressing her perception of the legality of non-compete agreements and pay-or-stay provisions (for example, see alerts here and here). The memos, issued by the NLRB’s top prosecutor, signal the agency’s policy and enforcement priorities, and impact agency staff’s interpretation of their role in carrying out the agency’s objectives. Under Abruzzo, Regional Directors evaluated and acted on unfair labor practice claims as directed by the memos instead of the binding law and NLRB precedent.