On December 22, 2025, the U.S. Supreme Court stepped in to stay the Third Circuit’s enforcement of a National Labor Relations Board (“NLRB” or the “Board”) decision and order requiring the Pittsburgh Post-Gazette (the “Post-Gazette”) to bargain in good faith with the Newspaper Guild of Pittsburgh (the “Guild”) as well as reverse certain unilateral changes made to employees’ working conditions. The Supreme Court infrequently hears labor cases, making this rare intervention—issued without explanation—particularly noteworthy.
The Court’s order temporarily halts enforcement of two Third Circuit orders issued earlier this year. First, in March, the Third Circuit partially enforced an NLRB remedial bargaining order requiring the Post-Gazette to return to the bargaining table with the Guild to negotiate over changes to union employees’ terms and conditions of employment, including healthcare benefits that the Post-Gazette unilaterally implemented in 2020. Then, in November, the Third Circuit affirmed an NLRB decision finding that the Post-Gazette engaged in overall bad-faith bargaining. The Board held the Post-Gazette’s bad faith tainted its declaration of bargaining impasse rendering the subsequent unilateral implementation of bargaining proposals unlawful.
In 2022, the Guild-represented employees went on strike as a result of the ongoing labor dispute with the Post-Gazette. The employees returned to work last month following the Third Circuit’s second order, ending the...
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