On The Labor Front Top Articles September 2025
Federal, state governments spar over NLRB’s authority over private-sector employers without quorum
Federal, state governments spar over NLRB’s authority over private-sector employers without quorum
Federal, state governments spar over NLRB’s authority over private-sector employers without quorum
Several states, including California, Massachusetts and New York, have moved to pass state laws addressing the National Labor Relations Act’s inability to act due to a lack of a quorum, and the NLRB is taking action, including filing a lawsuit Monday.
NLRB Acting GC Memorandum Aims at Early Identification and Investigation of Section 10(j) Cases
Federal, state governments spar over NLRB’s authority over private-sector employers without quorum
Federal, state governments spar over NLRB’s authority over private-sector employers without quorum
Section 10(j) cases refer to legal proceedings under Section 10(j) of the National Labor Relations Act (NLRA). This section allows the National Labor Relations Board (NLRB) to seek a temporary injunction from a federal district court to restore the status quo pending a final determination on the merits of an unfair labor practice charge.
Here's a breakdown of Section 10(j) cases:
- Purpose: The primary goal of Section 10(j) is to prevent irreparable harm to employees or unions while an unfair labor practice case is being litigated. It aims to preserve the status quo and protect workers' rights during the legal process.
- Initiation: The NLRB's General Counsel can request a temporary injunction under Section 10(j) when an unfair labor practice charge is filed, and there is a reasonable indication that a violation has occurred.
- Standard for Injunctive Relief: The NLRB must demonstrate that there is reasonable cause to believe that a violation has occurred and that the injunction is just and proper to preserve the status quo.
- Types of Relief: The injunction can require the employer to take affirmative action, such as reinstating employees, recognizing a union, or bargaining in good faith, pending the final outcome of the case.
- Timeline: Section 10(j) cases are typically expedited to address urgent issues, as they aim to prevent irreparable harm. The district court has discretion to grant or deny the injunction based on the evidence presented.
- Final Determination: After the district court issues its decision, the case proceeds to a final hearing before an NLRB administrative law judge, and subsequently, the NLRB itself, to determine the merits of the unfair labor practice charge.
- Appeals: Decisions in Section 10(j) cases can be appealed to the appropriate circuit court, and further to the Supreme Court if certiorari is granted.
- Impact: These cases can have significant implications for labor relations, as they can temporarily alter the workplace environment and labor practices while the legal process unfolds.
Section 10(j) cases are crucial for maintaining labor peace and protecting workers' rights during legal disputes. They provide a mechanism for the NLRB to act swiftly when there is evidence of unfair labor practices, ensuring that workers are not unduly harmed while the case is being resolved.
Amazon spends $1 billion to increase pay and lower health care costs for US workers
Federal, state governments spar over NLRB’s authority over private-sector employers without quorum
Amazon spends $1 billion to increase pay and lower health care costs for US workers
The Seattle-based company said Wednesday the average pay is increasing to more than $23 per hour and said that some of its most tenured employees will see an increase between $1.10 and $1.90 per hour. Full-time employees, on average, will see their pay increase by $1,600 per year.
Amazon spends $1 billion to increase pay and lower health care costs for US workers