On February 27, 2026, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Crystal Carey, issued General Counsel Memorandum 26-03 (“GC 26-03”), which provides directives to NLRB Regional Offices concerning unfair labor practice (“ULP”) case processing. Among other
Labor Relations Update
Labor Relations Update, published by Proskauer Rose LLP, focuses on developments in labor and employment law, particularly issues related to the National Labor Relations Board (NLRB). The blog covers topics such as NLRB appointments and quorum status, constitutional challenges to the NLRB's structure and job-removal protections, litigation involving unfair labor practice proceedings, and the impact of court decisions on labor relations. It also addresses union activities, employer strategies, and regulatory compliance within the labor-management context. The content is relevant for employers, unions, and legal professionals monitoring labor relations policy and enforcement trends.
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Washington Looks to Join the NLRB Trigger Bill Trend
On February 20, 2026, the Washington State Senate advanced House Bill 2471 (“HB 2471”), a proposed law that would authorize the state to regulate certain private-sector labor disputes if the National Labor Relations Act (“NLRA”) ceases to preempt state regulation…
NLRB Relinquishes Jurisdiction Over SpaceX, Abandoning Yearslong Legal Battle
On February 9, 2026, the National Labor Relations Board (“NLRB” or the “Board”) dismissed its long-running unfair labor practice complaint against SpaceX that alleged SpaceX unlawfully terminated certain engineers. The Board’s dismissal letter states that the NLRB lacks jurisdiction over…
NLRB Refrain From Overturning Biden-Era Precedent – For Now
As reported here, the National Labor Relations Board (“NLRB” or the “Board”) regained a quorum late last year. Many expected that the new Republican majority would soon begin revisiting the Biden-era decisions that were widely considered to be favorable…
Denied: Full D.C. Circuit Declines To Review Former NLRB Member Wilcox’s Suit Challenging Her Termination
On January 28, 2026, the D.C. Circuit declined former National Labor Relations Board (“NLRB” or “Board”) member Gwynne Wilcox’s request for en banc review of its prior decision upholding her termination, which we covered here.
Wilcox’s suit challenges President…
Update: Beating the Backlog – NLRB Acting GC Issues Memo Changing Charge Processing Procedure to Address Case Backlog
As an update to our previous blog, on January 28, 2026, the National Labor Relations Board (“NLRB” or “the Board”) issued further guidance clarifying GC 26-01, explaining that the new docketing protocol is intended only as a practical adjustment…
The Board is Back: NLRB Resumes Decisions, Affirms Regional Directors’ Authority Without a Quorum
On January 15, 2026, the National Labor Relations Board (“NLRB” or the “Board”) issued its first published decision with a new quorum. In Satellite Healthcare, 374 N.L.R.B. No. 25, the Board held that Regional Directors (“RDs”) retain their delegated…
Beating the Backlog – NLRB Acting GC Issues Memo Changing Charge Processing Procedure to Address Case Backlog
On December 23, 2025, in one of his final acts in the role, then National Labor Relations Board (“NLRB” or the “Board”) Acting General Counsel (“Acting GC”) William B. Cowen quietly released General Counsel Memorandum GC 26-01, modifying the procedure…
SDNY Judge Says No to FMCS Mediation Cuts
On December 30, 2025, a federal judge in the Southern District of New York vacated a recent Federal Mediation and Conciliation Service (“FMCS”) policy that laid off a substantial number of federal mediators and sharply limited when the agency would…
Two-to-One: Ninth Circuit Aligns with the Third Circuit in Circuit Split on Injunctive Relief Under the Norris-LaGuardia Act
On December 29, 2025, the Ninth Circuit upheld a district court’s refusal to grant Amazon’s request for a preliminary injunction to pause an ongoing unfair labor practice proceeding while Amazon litigates its constitutional challenge to the structure of the National…