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3 weeks ago | 
jdsupra.com | C. Thomas Davis |Zachary Zagger
On March 28, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board (NLRB) member Gwynne Wilcox and Merit Systems Protections Board (MSPB) member Cathy Harris without cause.
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3 weeks ago | 
ogletree.com | C. Thomas Davis |Zachary Zagger
Quick HitsThe D.C. Circuit Court ruled that President Trump likely has the authority to remove NLRB member Gwynne Wilcox and MSPB member Cathy Harris without cause, staying previous reinstatement orders from lower courts. The ruling leaves the NLRB and MSPB without enough members to hear cases. The decision addresses significant constitutional questions regarding the president’s power to remove members of independent agencies, boards, and commissions and Congress’s authority to restrict removal.
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1 month ago | 
jdsupra.com | C. Thomas Davis |Zachary Zagger
National Labor Relations Board (NLRB) Member Gwynne Wilcox, removed by President Donald Trump during his first days in office, has been reinstated by a federal judge of the U.S. District Court for the District of Columbia. The judge ruled that the president does not have the authority to remove a sitting NLRB member without cause. Quick Hits A federal judge in Washington, D.C., reinstated NLRB Member Wilcox, reversing President Donald Trump’s removal.
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1 month ago | 
ogletree.com | C. Thomas Davis |Zachary Zagger
Quick HitsA federal judge in Washington, D.C., reinstated NLRB Member Wilcox, reversing President Donald Trump’s removal. The judge held that the president lacks authority to remove NLRB members at will. The decision is likely to be appealed, as it raises constitutional and separation of powers questions, the answers to which could significantly impact the Trump administration’s actions. On March 6, 2025, U.S. District Judge Beryl A.
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Sep 9, 2024 | 
natlawreview.com | Jennifer Betts |C. Thomas Davis |Zlata Fayer |Allison S. Zangrilli
Skip to main content September 09, 2024 Volume XIV, Number 253 Legal Analysis. Expertly Written. Quickly Found.
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Sep 9, 2024 | 
ogletree.com | Jennifer Betts |C. Thomas Davis
Quick HitsA recent decision from the NLRB found that consent orders undermine the NLRB general counsel’s prosecutorial authority and fail to facilitate a mutual resolution of labor disputes. For now, the NLRB will no longer accept consent orders, which are settlement terms unilaterally proposed by a respondent (typically an employer) without the consent of the general counsel or the charging party.
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Mar 27, 2024 | 
lexblog.com | C. Thomas Davis
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2024 issue of the Practical NLRB Advisor. This edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor Relations Board’s (NLRB) authority in particular.
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Aug 25, 2023 | 
lexblog.com | C. Thomas Davis |Zachary Zagger
On August 24, 2023, the National Labor Relations Board (NLRB) announced a new final rule for union elections that revives the prior “ambush election” rules. The new rule compresses the time period between the time a representation petition is filed and the actual election. The impact of the rule is to make it more difficult for employers to educate employees about unions and unionization prior to a vote.
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Jun 14, 2023 | 
lexblog.com | C. Thomas Davis
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2023 issue of the Practical NLRB Advisor. In this edition of the Advisor, we take a deeper dive into the National Labor Relations Board’s far-reaching February 2023 McLaren Macomb decision affecting an employer’s use of nondisparagement and confidentiality clauses.
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May 30, 2023 | 
jdsupra.com | C. Thomas Davis |Zachary Zagger
In yet another effort to speed up the processing of cases, the National Labor Relations Board (NLRB) general counsel on May 22, 2023, issued a memorandum instructing Regional Offices to speed up compliance with Board-ordered remedies in labor cases. Quick Hits A new NLRB general counsel memorandum instructs Regional Offices to seek prompt compliance with Board orders providing remedies to a statutory violation.
