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Articles by Eric Stuart
The Practical NLRB Advisor: Summer 2026 | JD Supra
Ogletree Deakins' Traditional Labor Relations Practice Group is pleased to announce the publication of the Summer 2026 issue of the Practical NLRB Advisor. This issue discusses the latest news from the National Labor Relations Board (NLRB) in the wake of a year-long period that the five-member Board lacked the statutorily required three-member quorum due to unfilled vacancies. Please see full publication below for more information.
The Practical NLRB Advisor: Summer 2026
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Summer 2026 issue of the Practical NLRB Advisor. This issue discusses the latest news from the National Labor Relations Board (NLRB) in the wake of a year-long period that the five-member Board lacked the statutorily required three-member quorum due to unfilled vacancies.
The Practical NLRB Advisor: Winter 2026
March 16, 2026 To embed, copy and paste the code into your website or blog: Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2026 issue of the Practical NLRB Advisor. This issue discusses the host of problems the National Labor Relations Board (NLRB) is facing this year. Please see full publication below for more information.
The Practical NLRB Advisor: Winter 2026
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2026 issue of the Practical NLRB Advisor. This issue discusses the host of problems the National Labor Relations Board (NLRB) is facing this year. The Board’s long history of decisional flip-flopping appears to be finally catching up with the agency as its credibility with some stakeholders and reviewing courts has dropped in recent years.
NLRB Clarifies New Charge Intake Procedures Aimed at Reducing Backlog
On January 28, 2026, the National Labor Relations Board (NLRB) issued a notice regarding a recent modification to its procedure for processing and assigning unfair labor practice cases, which requires charging parties to submit evidence and documentation before a case is docketed.
NLRB Clarifies New Charge Intake Procedures Aimed at Reducing Backlog
Quick Hits The NLRB has implemented new case intake procedures requiring charging parties to submit evidence before their unfair labor practice cases are docketed. Under the new procedure, a failure to provide documentation and information supporting a charge within two weeks may lead to the dismissal of the charge. Designed to enhance efficiency in case handling and reduce the existing case backlog, the updated process may result in quicker resolutions of unfair labor practice charges.
D.C. Circuit Upholds Presidential Power to Remove NLRB and MSPB Members Without Cause | JD Supra
On December 5, 2025, the U.S. Court of Appeals for the District of Columbia Circuit upheld President Donald Trump’s removal of former National Labor Relations Board (NLRB) member Gwynne Wilcox and former Merit Systems Protections Board (MSPB) member Cathy Harris, finding that the president has the power to remove NLRB and MSPB officials without cause since both agencies “wield substantial executive power.” Quick Hits The D.C. Circuit upheld President Trump’s power to remove NLRB member Gwynne...
D.C. Circuit Upholds Presidential Power to Remove NLRB and MSPB Members Without Cause
Quick Hits The D.C. Circuit upheld President Trump’s power to remove NLRB member Gwynne Wilcox and MSPB member Cathy Harris without cause. The court ruled that statutory “for-cause” removal protections for officials at federal agencies that wield substantial executive power are unconstitutional. The decision addresses constitutional questions about the extent of presidential authority over independent agencies, particularly concerning the removal of officers at agencies established by Congress.
D.C. Circuit Upholds Presidential Power to Remove NLRB and MSPB Members Without Cause
Quick Hits The D.C. Circuit upheld President Trump’s power to remove NLRB member Gwynne Wilcox and MSPB member Cathy Harris without cause. The court ruled that statutory “for-cause” removal protections for officials at federal agencies that wield substantial executive power are unconstitutional. The decision addresses constitutional questions about the extent of presidential authority over independent agencies, particularly concerning the removal of officers at agencies established by Congress.
The Practical NLRB Advisor: Fall 2025
Ogletree, Deakins, Nash, Smoak & Stewart are most popular: within Consumer Protection topic(s) with Senior Company Executives, HR and Inhouse Counsel with readers working within the Healthcare industries The National Labor Relations Act (NLRA) is, after all, ninety years old. It was born amid significant labor unrest that often led to clashes between employees and their employers.
The Practical NLRB Advisor: Fall 2025 | JD Supra
October 8, 2025 To embed, copy and paste the code into your website or blog: Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2025 issue of the Practical NLRB Advisor. This issue discusses the host of challenges, both internally and externally, that the National Labor Relations Board (NLRB) is currently facing. Please see full publication below for more information.
The Practical NLRB Advisor: Fall 2025
The National Labor Relations Act (NLRA) is, after all, ninety years old. It was born amid significant labor unrest that often led to clashes between employees and their employers. And it was enacted at a time when most affected workers were engaged in the kind of manual labor or factory work that predominated in the early twentieth century.
The Practical NLRB Advisor: Spring 2025 | JD Supra
March 31, 2025 To embed, copy and paste the code into your website or blog: Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2025 issue of the Practical NLRB Advisor.
The Practical NLRB Advisor: Spring 2025
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2025 issue of the Practical NLRB Advisor.
The Practical NLRB Advisor: Fall 2024 | JD Supra
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2024 issue of the Practical NLRB Advisor. As this edition of the Advisor goes to press, we were just learning the outcomes of the recent national elections. Like the rest of the country, we plan to take a deep breath and take the time necessary to reflect and take a close look at what effects the national vote will have on federal labor policy.
The Practical NLRB Advisor: Fall 2024
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2024 issue of the Practical NLRB Advisor. As this edition of the Advisor goes to press, we were just learning the outcomes of the recent national elections. Like the rest of the country, we plan to take a deep breath and take the time necessary to reflect and take a close look at what effects the national vote will have on federal labor policy.
The Practical NLRB Advisor: Spring 2024
Ogletree Deakins' Traditional Labor Relations Practice Group is pleased to announce the publication of the Spring 2024 issue of the Practical NLRB Advisor. 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.
The Practical NLRB Advisor: Spring 2024 | JD Supra
The Spring 2024 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. On the bad news side, we document a small part of the aggressive agenda of the current NLRB.
The Practical NLRB Advisor: Spring 2024
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.
The Practical NLRB Advisor: Fall 2023 | JD Supra
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor.
National Labor Relations Board Union Election Rules
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.
NLRB Reverts to Quick Union Elections Rules
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.
New Jersey Law Further Expands Striking Workers' Eligibility For Unemployment Benefits
On April 24, 2023, New Jersey Governor Phil Murphy signed legislation further expanding the circumstances under which striking workers can collect unemployment insurance (UI) benefits. This followed legislation Governor Murphy previously signed into law in 2018 allowing striking workers to collect UI benefits under a variety of different circumstances never before allowed under New Jersey's Unemployment Compensation Law.
New Jersey Law Further Expands Striking Workers’ Eligibility for Unemployment Benefits | JD Supra
On April 24, 2023, New Jersey Governor Phil Murphy signed legislation further expanding the circumstances under which striking workers can collect unemployment insurance (UI) benefits. This followed legislation Governor Murphy previously signed into law in 2018 allowing striking workers to collect UI benefits under a variety of different circumstances never before allowed under New Jersey’s Unemployment Compensation Law.
New Jersey Law Further Expands Striking Workers’ Eligibility for Unemployment Benefits
New Jersey, State Developments, Traditional Labor Relations Share this Insight On April 24, 2023, New Jersey Governor Phil Murphy signed legislation further expanding the circumstances under which striking workers can collect unemployment insurance (UI) benefits.
NLRB Modifies Independent Contractor Test
On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have "entrepreneurial opportunity" and returned to a common law multi-factor analysis that could lead to more workers being found to have been improperly classified as independent contractors.
The Practical NLRB Advisor: Spring 2023
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.
NLRB Modifies Independent Contractor Test | JD Supra
June 15, 2023 Greg Guidry, Eric Stuart, Zachary Zagger Ogletree, Deakins, Nash, Smoak & Stewart, P.C. + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: On June 13, 2023, the National Labor Relations Board (NLRB) overruled its 2019 independent contractor standard focused on whether workers have “entrepreneurial opportunity” and returned to a common law multi-factor analysis that could lead to more workers being found to have been...
The Practical NLRB Advisor: Spring 2023 | JD Supra
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.
The Practical NLRB Advisor: Spring 2023
Traditional Labor Relations Share this Insight 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.
Supreme Court Holds NLRA Does Not Preempt Claims for Intentional Property Damage Committed by Strikers
On June 1, 2023, the Supreme Court of the United States ruled that the National Labor Relations Act (NLRA) does not preempt an employer’s state court tort claims alleging a union intentionally destroyed the employer’s property during a strike. The ruling is significant for employers in that it could open the door for lawsuits against unions to protect their interests and recover the value of property destroyed during increasingly contentious labor disputes.
Supreme Court Holds NLRA Does Not Preempt Claims for Intentional Property Damage Committed by Strikers | JD Supra
On June 1, 2023, the Supreme Court of the United States ruled that the National Labor Relations Act (NLRA) does not preempt an employer’s state court tort claims alleging a union intentionally destroyed the employer’s property during a strike. The ruling is significant for employers in that it could open the door for lawsuits against unions to protect their interests and recover the value of property destroyed during increasingly contentious labor disputes.
Supreme Court Holds NLRA Does Not Preempt Claims for Intentional Property Damage Committed by Strikers
On June 1, 2023, the Supreme Court of the United States ruled that the National Labor Relations Act (NLRA) does not preempt an employer’s state court tort claims alleging a union intentionally destroyed the employer’s property during a strike. The ruling is significant for employers in that it could open the door for lawsuits against unions to protect their interests and recover the value of property destroyed during increasingly contentious labor disputes.
NLRB Order May Mean Harsher Remedies For Labor Violations
By Eric Stuart and Zachary Zagger (May 9, 2023, 4:27 PM EDT) -- On April 20, the National Labor Relations Board imposed a host of expanded remedies against an employer that allegedly committed a number of repeated labor law violations during collective bargaining.... Stay ahead of the curve In the legal profession, information is the key to success. You have to know what's happening with clients, competitors, practice areas, and industries.
NLRB Order May Mean Harsher Remedies For Labor Violations
On April 20, the National Labor Relations Board imposed a host of expanded remedies against an employer that allegedly committed a number of repeated labor law violations during collective bargaining.... To view the full article, register now.
EXPERT INSIGHTS—NLRB opens door to additional remedies for repeated labor violations
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EXPERT INSIGHTS-NLRB OPENS DOOR TO ADDITIONAL REMEDIES FOR REPEATED LABOR VIOLATIONS
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NLRB Opens Door to Additional Remedies for Repeated Labor Violations | JD Supra
On April 20, 2023, the National Labor Relations Board (NLRB) imposed a host of expanded remedies against an employer that allegedly committed a number of repeated labor law violations in the context of collective bargaining. The decision signals the Board’s willingness to impose harsh remedies against employers more frequently, in the full spectrum of unfair labor practice litigation.
NLRB Opens Door to Additional Remedies for Repeated Labor Violations
On April 20, 2023, the National Labor Relations Board (NLRB) imposed a host of expanded remedies against an employer that allegedly committed a number of repeated labor law violations in the context of collective bargaining. The decision signals the Board’s willingness to impose harsh remedies against employers more frequently, in the full spectrum of unfair labor practice litigation.
NLRB Opens Door to Additional Remedies for Repeated Labor Violations
On April 20, 2023, the National Labor Relations Board (NLRB) imposed a host of expanded remedies against an employer that allegedly committed a number of repeated labor law violations in the context of collective bargaining. The decision signals the Board’s willingness to impose harsh remedies against employers more frequently, in the full spectrum of unfair labor practice litigation.
Governor Whitmer Signs Legislation Repealing Michigan’s Right-to-Work Law | JD Supra
On March 24, 2023, Governor Gretchen Whitmer signed into law legislation repealing Michigan’s right-to-work law for private-sector employees. The legislation had previously passed the Michigan House of Representatives on March 8, 2023, and the Michigan Senate on March 21, 2023. Both bills passed along party lines. The law will go into effect ninety-one days after the end of the current legislative session, which means March 30, 2024, will be the effective date.
Governor Whitmer Signs Legislation Repealing Michigan’s Right-to-Work Law
On March 24, 2023, Governor Gretchen Whitmer signed into law legislation repealing Michigan’s right-to-work law for private-sector employees. The legislation had previously passed the Michigan House of Representatives on March 8, 2023, and the Michigan Senate on March 21, 2023. Both bills passed along party lines. The law will go into effect ninety-one days after the end of the current legislative session, which means March 30, 2024, will be the effective date.
Governor Whitmer Signs Legislation Repealing Michigan’s Right-to-Work Law
On March 24, 2023, Governor Gretchen Whitmer signed into law legislation repealing Michigan’s right-to-work law for private-sector employees. The legislation had previously passed the Michigan House of Representatives on March 8, 2023, and the Michigan Senate on March 21, 2023. Both bills passed along party lines. The law will go into effect ninety-one days after the end of the current legislative session, which means March 30, 2024, will be the effective date.
The Practical NLRB Advisor: Winter 2023 | JD Supra
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions and sharply divided opinions issued by the National Labor Relations Board (NLRB) resulting from the mid-December 2022 departure of Republican Board member John F. Ring. As such, there has been no “long winter’s nap” for U.S. labor law over the past several months.
The Practical NLRB Advisor: Winter 2023
Traditional Labor Relations Share this Insight Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions and sharply divided opinions issued by the National Labor Relations Board (NLRB) resulting from the mid-December 2022 departure of Republican Board member John F. Ring.
Supreme Court Asks Whether Tort Claims to Recover Property Damaged During Strike Are Preempted by NLRA | JD Supra
On January 10, 2023, justices for the Supreme Court of the United States questioned attorneys for a ready-mix concrete company and the union representing its truck drivers over whether claims to recover the value of the company’s property destroyed as a result of a strike are preempted by the National Labor Relations Act (NLRA). The case, Glacier Northwest, Inc. v.
Supreme Court Asks Whether Tort Claims to Recover Property Damaged During Strike Are Preempted by NLRA
Thursday, January 12, 2023 On January 10, 2023, justices for the Supreme Court of the United States questioned attorneys for a ready-mix concrete company and the union representing its truck drivers over whether claims to recover the value of the company’s property destroyed as a result of a strike are preempted by the National Labor Relations Act (NLRA). The case, Glacier Northwest, Inc. v.
Supreme Court Asks Whether Tort Claims to Recover Property Damaged During Strike Are Preempted by NLRA
On January 10, 2023, justices for the Supreme Court of the United States questioned attorneys for a ready-mix concrete company and the union representing its truck drivers over whether claims to recover the value of the company’s property destroyed as a result of a strike are preempted by the National Labor Relations Act (NLRA). The case, Glacier Northwest, Inc. v.
The Practical NLRB Advisor: Fall 2022 | JD Supra
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2022 issue of the Practical NLRB Advisor. In the last issue of the Advisor, we remarked that the current general counsel’s (GC) multifaceted agenda posed genuine institutional issues for the National Labor Relations Board (NLRB) and that the pursuit of policy and precedent reversals remain a threat to the agency’s credibility.
NLRB Says Dues Must Be Collected Post CBA, Reverses Course Once Again
In a decision dated September 30, 2022, the National Labor Relations Board ruled that employers must continue to collect voluntarily authorized union dues from the paychecks of employees after the expiration of the agreement.
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