House Advances Bill to Impose 90 Day Deadline to Reach First Labor Contracts

On average, the timeline for reaching an initial collective bargaining agreement averages around 461 days. Employers that are facing or anticipating organizing campaigns should be ready to evaluate their labor relations strategies in light of this development, as enactment would dramatically compress the window available to negotiate first contracts.

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Labor Law Fault Lines: Emerging Divide Over the Constitutionality of NLRB Authority

At a Glance

  • Because the Fifth and Ninth Circuits reached opposite conclusions, an employer’s ability to challenge the NLRB’s structure or authority now depends on geography. Employers in states under the Fifth Circuit’s jurisdiction (like Texas, Louisiana and Mississippi) may have stronger grounds to contest NLRB proceedings than those in the Ninth Circuit (which covers much of the West Coast). 
  • A clear circuit split on a constitutional question often sets the stage for Supreme Court intervention. Businesses and counsel should monitor this issue closely; a future ruling could reshape how independent agencies like the NLRB operate. 

To view the full alert, visit the Faegre Drinker website. 

Gov. Polis Vetoes Colorado Legislature’s Attempt to Repeal Modified Right-to-Work Law

Had this law been enacted, Colorado would have joined Michigan as only the second state to recently repeal its right-to-work law. While Gov. Polis’ veto cannot be overridden since the legislative session is over, legislators have already indicated the bill will be reintroduced in the next session — a likely sign of things to come across the country as more states consider adopting their own laws to supplement the National Labor Relations Act.

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Bipartisan Push for Speedier Labor Agreements: Senators Unveil the Faster Labor Contracts Act

On average, it takes well over a year for an employer and a newly certified labor union to reach agreement on a first contract. Nonetheless, operationalizing the proposed truncated timelines will often prove difficult, and result in significant burden on employers. In this dynamic time of change at the NLRB and in federal labor law, it is essential that employers stay mindful and up-to-date on the changes and what they might ultimately mean for their businesses.

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Updates From the Acting General Counsel and the Quorum-less National Labor Relations Board

Recent leadership changes at the National Labor Relations Board (NLRB), following the removal of key members by President Donald Trump, are sparking significant policy shifts. As the Board struggles with a lack of quorum, new challenges are emerging, including legal battles over the certification of union elections and the constitutionality of member removal protections. With a more employer-friendly approach under new leadership, the NLRB’s future direction could reshape labor law enforcement and business practices in the coming months.

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Pres. Trump Removes NLRB GC and Member, Testing Limits of Presidential Authority

On the heels of firing NLRB General Counsel Jennifer Abruzzo, Pres. Trump’s decision to remove Board Member Gwynne Wilcox is an unprecedented move that could hamper the National Labor Relations Board and draw swift legal challenges to test the longstanding removal protections recognized by the Supreme Court for independent federal agency heads. Removing Wilcox also leaves the Board with only two members, and the Supreme Court has held that absent its three-member quorum, the NLRB cannot execute its duties. These developments are sure to have a direct and immediate impact on federal labor law and labor-management relations, to which employers should pay close attention in this rapidly changing landscape.

To view the full alert, visit the Faegre Drinker website.

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