Posts tagged William B. Cowen
Amazon Teamsters Face New Challenges in NYC
September 10, 2025 // “The Cemex decision does two key things: one, institutes a new modified…doctrine that facilitates card check recognition; and two, lowers the threshold for when the Board will issue a bargaining order without holding an election,,” the law firm said in the post. The Teamsters spokesman said the union has had successful card check actions at more than 20 DSPs But in February, NLRB Acting General Counsel William B. Cowen issued a memo withdrawing earlier guidance on several earlier legal opinions, including the Cemex decision. That would seem to shut off the NLRB–which currently does not have a quorum but is awaiting Senate confirmation of two White House nominees–from approving a card check filing as a means to gain union recognition by Amazon or any employer…unless a full Republican-majority NLRB rules Amazon is a joint employer with the DSPs.
NLRB’s Acting General Counsel Provides Employers with Sweet Guidance About Union “Salts”
August 16, 2025 // The AGC’s guidance is helpful for employers considering strategies to mitigate the risk of union organizing. For example, a relevant fact to whether an applicant has a genuine interest in being hired includes whether the applicant “followed the employer’s established procedures when applying.” If an employer has a policy prohibiting the hiring of applicants with multiple jobs or unsolicited applications, then it may help the employer avoid discrimination claims from salts. However, the time to implement these policies is before organizing begins. Salting rarely occurs independent of a larger campaign by a union to organize employees. Once that campaign begins, efforts to institute new policies to deter salting may violate the NLRA.
Hold the Salt: Essential Takeaways from NLRB Acting GC’s Guidance On Union Salting Investigations
July 29, 2025 // The Acting GC emphasized that the investigating Regions must “no longer conclusively presume that an applicant is entitled to protection as a statutory employee” and that “neither will we presume, in the absence of contrary evidence, that an application for employment is anything other than what it purports to be.” The Acting GC also instructed the Regions to focus their initial investigations on obtaining evidence from the charging party
NLRB Acting General Counsel Cowen Directs Regions to Prosecute Secret Recordings of Collective Bargaining Sessions as Per Se Violations of the NLRA
July 15, 2025 // NLRB Acting General Counsel Cowen Directs Regions to Prosecute Secret Recordings of Collective Bargaining Sessions as Per Se Violations of the NLRA
New NLRB guidance emphasizes need for ‘prompt and fair’ settlements in unfair labor practice disputes
June 27, 2025 // Focus on facilitating efficient, prompt and fair settlements The acting general counsel’s memo initially discusses the need for “efficiency” in the NLRB’s approach toward settlement of charges, noting that “’if we attempt to accomplish everything, we risk accomplishing nothing.’” To that point, Cowen had already rescinded four memos from the prior general counsel on remedial relief – GC 21-06, GC 21-07, GC 22-06, and GC 24-04. In those memos, Regions had been directed to obtain full remedial relief in settlements of charges, and limits on certain clauses and requirements for certain forms of relief were added. The acting general counsel’s memo comments that “our remedial enthusiasm’ should not “distract us from achieving a prompt and fair resolution of disputed matters.”
New York State Looks to Take Over Labor Law Enforcement Amidst Uncertainty at the NLRB
June 26, 2025 // With mounting uncertainty about the lack of a quorum and near term future of the National Labor Relations Board (the “NLRB” or the “Board”), New York State legislators are attempting to usurp the powers delegated to the Board by Congress.
Chairman Walberg Investigates DHS Program Abuse for Union Organizing
May 3, 2025 // “The Committee has seen examples of union organizers exploiting the deferred action program contrary to Congress’s intent. In one such example, a national trade union flyer posted online suggests that union organizing is the first step in accessing deferred action. The flyer suggests that a grant of deferred action is a reward, stating that a grant of deferred action is a ‘WIN’ for the employee. The flyer further states at the top in bold capital letters: ‘DEFERRED ACTION = WORK PERMIT FOR 2 YEARS + SOCIAL SECURITY NUMBER.’ Instead of protecting immigrant workers from retaliation, outside groups seem to be interested in subverting deferred action to push unionization.”
White Coats Take a Cue From Blue Collars
February 26, 2025 // Harking back to the emergence of physician unions, we're seeing a resurgence of interest among resident physicians in hospitals across the country. To varying degrees, U.S. hospitals still require resident physicians to work long, irregular hours (in some cases as many as 80 hours a week). In combination with other adverse workplace issues, this has led to house staff dissatisfaction with the status quo and, ultimately, to unionization.
President Donald Trump appointed a new leader at the National Labor Relations Board
February 3, 2025 // William B. Cowen will serve as the acting general counsel of the NRLB, the agency said. Trump fired President Joe Biden’s NLRB general counsel, Jennifer Abruzzo, last week. Abruzzo was widely viewed as one of the most union-friendly people to serve in the role.