A potentially massive shift in the labor relations arena — or at least the potential start of one — may have recently taken place...
A potentially massive shift in the labor relations arena — or at least the potential start of one — may have recently taken place. If so, the implications for leveraging collective bargaining negotiations and strategies in response to union organizing activity could be enormous. Employers and unions alike would be irresponsible not to take note and consider the impacts to their labor relations strategies.
On August 19, 2025, the United States Court of Appeals for the Fifth Circuit issued an opinion upholding three Texas district court decisions that bar the National Labor Relations Board (NLRB) from prosecuting unfair labor practice complaints against employers. At least in Texas, Louisiana, and Mississippi (the states covered by the Fifth Circuit), the practical upshot is that, as long as this decision holds, the unfair labor practice charge mechanism that unions strategically utilize (before an agency with a body of law generally tilted towards unions) just lost an awful lot of teeth.
In all three underlying cases, the employers argued that the structure of the NLRB (an Article II/executive agency) is unconstitutional because the National Labor Relations Act (an Article I/legislative act) authorizes the president to appoint board members — but then imposes restrictions on the executive's ability to fire them. The same is true for NLRB...
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