- The U.S. Supreme Court granted the Trump
Administration's application to stay former National Labor
Relations Board Member Gwynne Wilcox's reinstatement. Trump, et al. v. Wilcox, et
al., No. 24A966 (May 22, 2025). The U.S. Court of
Appeals for the D.C. Circuit had previously enjoined President
Donald Trump's removal of Wilcox, citing the Supreme
Court's 1935 decision in Humphrey's Executor that
upheld the constitutionality of for-cause removal protections for
federal agency leaders. The Trump Administration then filed an
emergency application to the Court for a stay of the D.C.
Circuit's order, arguing subsequent case law narrowed
Humphrey's Executor to apply only to multi-member
agencies that do not wield substantial executive power, making the
case inapplicable to the Board. In granting the stay, the Supreme
Court found the Trump Administration is likely to show that Board
members exercise considerable executive power, but the Court did
not decide whether the Board falls within recognized exceptions for
removal protections. The 6-3 order aims to avoid the disruptive
effect of Wilcox's repeated removal and reinstatement while the
D.C. Circuit decides the merits of the case.
- A coalition of unions, nonprofit groups, and local
governments requested that a California federal court issue a
nationwide injunction to stop an executive order (EO) requiring
federal agencies to downsize or reorganize. American Federation of
Government Employees, AFL-CIO, et al. v. Trump, et al., No.
3:25-cv-03698 (N.D. Cal. May 14, 2025); National Nurses United,
et al. v. Kennedy, Jr., No. 1:25-cv-01538 (D.D.C. May 14,
2025). The lawsuit stems from EO 14210 aiming to reduce the size of
the federal government's workforce and directing each agency
head to work with the Department of Government Efficiency on hiring
plans. The coalition, which includes national unions and
municipalities, argues the EO violates the U.S. Constitution's
separation of powers and the Administrative Procedure Act. Although
the court previously granted a temporary restraining order, the
coalition argues a nationwide injunction against the federal
agencies is appropriate to avoid "piecemeal" litigation.
Similarly, in a separate lawsuit, a coalition of unions, including
National Nurses United, is seeking an injunction to stop the
Department of Health and Human Services from implementing staff
cuts at the National Institute for Occupational Safety and
Health.
- A Kentucky federal judge ruled the U.S. Department of
Treasury lacks standing to rescind its collective bargaining
agreement with employees, while the U.S. Department of Defense
(DoD) is seeking to confirm its right to terminate them. U.S.
Department of Treasury v. National Treasury Employees Union,
Chapter 73, No. 2:25-049 (E.D. Ky. May 20, 2025); U.S.
Department of Defense, et al. v. American Federation of Government
Employees AFL-CIO District 10, et al., No. 6:25-cv-00119 (W.D.
Tex. May 5, 2025). The lawsuits stem from EO 14251, which exempts
certain agencies from the Federal Service Labor-Management
Relations Statute that provides organizing and collective
bargaining protections for federal employees. The federal court
dismissed the action based on the Treasury's lack of standing,
as it had not enforced the EO against the local union at the time
of filing. The court emphasized that the Treasury's claimed
injuries were speculative and, therefore, did not address the
merits of the case. In a separate lawsuit in a Texas federal court,
the DoD and other federal agencies are seeking declaratory relief
against several union affiliates to confirm their rights under the
EO. The unions have also moved to dismiss the case based on
standing, among other claims.
- The Nevada legislature passed a bill banning mandatory
captive audience meetings; Washington will now provide unemployment
benefits for striking workers. If signed by the governor, the
Nevada legislation will prohibit employers from taking any adverse
employment action against employees who decline to attend or
participate in a meeting "sponsored by the employer" or
listen to an employer communication if its purpose is to
communicate the employer's opinion on religious or political
matters. Many states have similar legislation, and the Biden Board
issued a decision holding such meetings violative of the National
Labor Relations Act. Under the bill, "political matters"
includes the decision to join or support any labor organization.
Meanwhile, Washington's governor signed a bill that provides
unemployment benefits for striking workers under certain
circumstances. The Washington law will take effect Jan. 1,
2026.
- Acting General Counsel William Cowen issued a memorandum emphasizing the need for efficiency in resolving unfair labor practice (ULP) cases. Memorandum GC 25-06. The memorandum's key points include granting discretion to exclude default language in settlements, permitting non-admission clauses, authorizing unilateral settlements, and approving settlements for less than full remedies. The memo also addresses the Board's 2022 Thryv, Inc. decision, which expanded the scope of remedies for ULPs, noting regional directors should "focus on addressing foreseeable harms that are clearly caused by the unfair labor practice." The memo represents a shift in policy from former General Counsel Jennifer Abruzzo and provides updated guidance on settlement efforts following Cowen's previous memo rescinding several of Abruzzo's memos and enforcement priorities.
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