Posts tagged quorum
The NLRB will reverse the outrages of the Biden years, but workers need Congress to protect those gains.
March 3, 2026 // Workers have labored under these unjust policies for nearly a century. They deserve better. In the short run, the NLRB can help American workers by reversing the Biden rulings that strengthen unions and restrain businesses at workers’ expense. The board also could end the Biden backdoor card-check scheme, prevent unions from using harassing language, and free employers to talk to workers about unionization. But a future NLRB with members appointed by another president could reverse these policies. Workers ultimately need Congress to pass better labor laws that will last.
Webinar with The Federalist Society: Labor Law Reform on Capitol Hill: Opening Offer or Impasse?
February 17, 2026 // Last session saw no shortage of proposals in Congress for labor-law reform. In the Senate, lawmakers introduced proposals ranging from mandatory interest arbitration to bans on organizing undocumented workers. In the House, representatives proposed a range of union-democracy reforms, including a requirement for unions to poll their members before endorsing a candidate for president. And in between, scholars and practitioners offered their own ideas, including a proposal to transform the National Labor Relations Board into an article I court.
US union elections declined in 2025 after Trump hobbled labor board
February 11, 2026 // The number of workers participating in union elections dropped by 59,000, a 42% decline compared with the year prior, according to the report from the Center for American Progress. The total number of union elections fell from a 10-year high of 2,124 in 2024 to 1,498 in 2025. The success rate in union elections also dropped to 69.8% in 2025, after rising to 72% in 2023.
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.
Workers in North Carolina and California Ask Federal Labor Board to Nix Policy Letting Union Bosses Block Elections
January 6, 2026 // The workers, which include miners employed by The Quartz Corp. in Spruce Pine, NC, and Fresno, CA-based construction materials workers for CalPortland, both backed petitions in late 2025 asking the NLRB to administer votes to remove (or “decertify”) unions from their workplaces. Despite both petitions containing enough signatures to trigger union decertification elections, regional NLRB officials blocked both votes pursuant to the NLRB’s current blocking charge policy. This Biden-era policy permits union officials to stymie the union decertification process simply by filing unproven or unrelated “unfair labor practice” charges at the NLRB alleging employer misconduct. Quartz Corp. employee Blake Davis and CalPortland worker Darrell Dunlap have both submitted Requests for Review to the NLRB in Washington, DC.
States’ substitutes for NLRB falter in court
January 5, 2026 // Troy Nunley, the chief judge in the Eastern District of California, ruled that the bulk of the state statute is in conflict with the National Labor Relations Act and therefore is preempted by federal law. “In some respect, the Board’s inability to fully function due to the lack of quorum shows the NLRA is operating as intended,” wrote Nunley, an Obama appointee. “The Court thus cannot conclude the loss of quorum equates to the NLRB ceding its jurisdiction over any particular matter.”
A new California law gives the state more power over workplaces. Trump is suing to block it
January 1, 2026 // With the NLRB unable to fulfill its duties, states are trying to fill the gap in enforcing the National Labor Relations Act, which Congress passed in 1935. But labor experts contacted by CalMatters do not have high hopes for the California law, which is similar to a law passed in New York this year. They said courts, including the Supreme Court, have ruled that states cannot decide matters pertaining to federal labor law because of preemption, the doctrine that a higher authority of law overrides a lower authority.
Pro-Worker or Pro-Union? Why Choice—not Coercion—Is the Future of Labor Policy, Disunion: The Government Union Report; Commonwealth Foundation
December 18, 2025 // This week on Disunion, host David Osborne is joined by Austen Bannan of Americans for Prosperity and Vincent Vernuccio, president of the Institute for the American Worker, to break down a sweeping new report: How to Empower Workers: Embracing a Pro-Worker Agenda Built on Choice. With Congress rolling out a flurry of labor bills—from right-to-work reforms and secret ballot protections to proposals backed by unions and even some Republicans—this episode cuts through the noise. The panel explains why many so-called “pro-worker” policies actually empower union bosses and government regulators, not workers themselves.
U.S. Senate Vote Next Week Set to Restore NLRB Quorum
December 9, 2025 // For the first time in 11 months, the National Labor Relations Board will likely have a quorum by year end, enabling it to start issuing decisions. Board member nominee Scott Mayer, a chief corporate labor counsel, was a last-minute addition to the U.S. Senate nominee package that will be voted on next week. The nominee package already included Board nominee James Murphy and General Counsel nominee Crystal Carey. If the Senate confirms all three nominees, Carey’s term will last four years, with Mayer and Murphy’s terms expiring December 16, 2029, and December 16, 2027, respectively
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.