Patrick Scully

By Allison Anderson, Patrick Scully and Maureen Berry of Foley Hoag LLP On July 21, 2026, the D.C. Circuit held that the National Labor Relations Board lacked statutory authority to create the “successor bar,” the Board-made rule that prevented any challenge to an incumbent union’s majority status for up to one year following an acquisition of a business. This is one of the first post-Loper decisions impacting labor law.

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