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Thursday, May 21, 2026

Policy Week in Review – March 13, 2026 - Littler Mendelson P.C.

The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal legislation, regulations, and congressional activity affecting the workplace.

Industry Groups Petition NLRB for Rulemakings

Several industry groups submitted rulemaking petitions to the National Labor Relations Board (NLRB) this week. A Petition filed on March 12 requests that the Board commence a rulemaking proceeding to protect secret ballot elections under the National Labor Relations Act (NLRA). The petition urges the Board to promulgate a rule that would “eliminate current confusion and inconsistency and specify the circumstances under which the Board may, consistent with Gissel, exercise its remedial discretion to issue and seek enforcement of a bargaining order, reaffirming the Act’s preference for secret-ballot-elections.” Petitioners argue the rule would promote predictability, protect employee free speech, and confine bargaining orders to their proper remedial function.

Another Petition filed on March 12 requests that the Board initiate a rulemaking to reconsider the lawfulness of the standard previously adopted by the Board, which held that employer-required meetings (“captive audience meetings”), during which the employer discusses unionization with their employees, violates the NLRA and the First Amendment.

These Petitions follow the Rulemaking Petition filed by industry groups on February 11 urging the Board to adopt a proposed rule for...



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