Posts tagged unfair labor practices
A Federal Court Limits the NLRB’s Power to Force Union Bargaining: What Hospitality Employers Should Know
May 5, 2026 // On March 6, 2026, the U.S. Court of Appeals for the Sixth Circuit issued a significant decision in Brown-Forman Corp. v. National Labor Relations Board. The case addresses how the National Labor Relations Board (Board) may impose bargaining orders when employers interfere with union organizing campaigns
Columbus Metropolitan Library faces union busting allegations as June vote approaches
April 9, 2026 // "CML is aware of the charges, and we believe they have no merit. We look forward to demonstrating that lack of merit to the State Employment Relations Board, which will ultimately make a determination on OFT's claims," the statement said. The statement said CML respects the rights of our employees who are for or against unionization and continue to comply with the law. The statement also touted what it calls competitive wages for all employees, a comprehensive benefits package and paid time off. "Our compensation and benefits serve as a benchmark for libraries in our region and throughout Ohio," the statement said.
Sixth Circuit Rejects NLRB’s Cemex Bargaining Order Framework
March 15, 2026 // On March 6, 2026, the U.S. Court of Appeals for the Sixth Circuit issued a significant decision in Brown‑Forman Corporation d/b/a Woodford Reserve Distillery v. National Labor Relations Board, rejecting the Board’s controversial 2023 Cemex Construction framework, which altered the longstanding standard for union recognition and expanded the circumstances under which the Board could issue bargaining orders—even when a union did not win an election.
Editorial Board: In defense of the secret ballot
March 15, 2026 // In the case decided by the 6th Circuit, Brown-Forman challenged the basis for the NLRB’s Cemex ruling and won. The supposedly unfair labor practice committed at its Woodford Reserve bourbon distillery was giving workers a $4-per-hour raise, expanding merit-based salary increases, offering more vacation time and providing free bottles of bourbon. The employees voted 45-14 against unionizing, but the NLRB ordered the company to bargain with that union anyway. The advantage of secret-ballot elections is that workers are free of coercion by unions or employers when deciding whether they wish to unionize. It also ensures that their decisions are anonymous, so they won’t fear retaliation or harassment by aggressive union organizers or the people who pay their salaries. A secret ballot is far more likely to reflect their true views.
Sixth Circuit Dumps NLRB’s Cemex Ruling to Police Elections
March 9, 2026 // Beyond negating Cemex in the Sixth Circuit, the court’s decision strikes a blow at the NLRB’s fundamental authority to set national labor policy through individual case rulings. While the board is expected to overturn Cemex after its Republican majority gets a crucial third member, the current members recently emphasized their preference for setting policy through case adjudication rather than rarely used rulemaking power. Under Cemex, the NLRB can impose a bargaining order when an employer that was presented with a valid demand for union recognition commits unfair labor practices in the runup to a vote.
Lorain County files unfair labor practices charge against striking JFS workers
March 4, 2026 // Lorain County officials on Thursday filed an unfair labor practice charge against the union representing striking county Job and Family Services workers. The county accused the union of trying to force it to engage in "direct dealing" by bypassing designated negotiators, which is prohibited under state labor laws. The claim was filed two days after the union, United Auto Workers Local 2192, filed its own unfair labor practices claims against the county.
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.
“This Sucks”: WGA West’s Internal Battle Continues As Writers Join Staff Union’s Picket Line
February 26, 2026 // In public messaging, the WGA has tried to assure its own members that this strike would have no effect on the writers union’s upcoming negotiations with the AMPTP. With an industry still reeling from a major global production contraction, all eyes are on the above-the-line unions who are set to make new deals with the major studios in the coming months after a contentious round of 2023 bargaining that led to historically long, dual writers and actors strikes. Membership on the picket lines Tuesday seemed dissuaded by the attempts from leadership to cast aside the staff’s contributions to the bargaining cycle.
UCSD Preuss School teachers strike over alleged unfair labor practices
December 17, 2025 // The Preuss School is a charter middle and high school operated by the University of California, San Diego to help low-income students go to college. UC-AFT, the union representing the educators, shared teachers are striking from Tuesday to Wednesday to get a contract that gives Preuss staff the same benefits as other San Diego Unified schools
Protected Wage Talk: Ninth Circuit Reaffirms Employees’ Right to Discuss Wages
December 9, 2025 // The court also addressed several constitutional challenges raised by NMFA, including the NLRB's for-cause removal protections, adjudication scheme, and combined investigatory and adjudicatory powers. However, it found no merit in NMFA's argument that the NLRB's combined investigatory and adjudicatory functions violated the Fifth Amendment right to due process. The court noted that the NLRB's structure separates investigatory and adjudicatory functions between the General Counsel and the Board, respectively, and NMFA failed to demonstrate any unconstitutional potential for bias.