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Top Five Labor Law Developments for March 2026 - Jackson Lewis

Mon, Apr 20, 2026 12:04 ET
in Press Release

  1. President Donald Trump appointed current Member James Murphy as chairman of the National Labor Relations Board. In this role, Murphy will oversee the Board’s adjudicative and administrative functions, including hiring administrative law judges and serving as the Board’s representative to Congress. Chairman Murphy, who previously spent 47 years serving the Board before retiring, returned from retirement to assist in reducing the case backlog. Since his swearing-in as a member, the backlog decreased from 591 in January to 482 by March of this year. He previously served as chief counsel to former Chairman Marvin Kaplan and worked during a period of significant backlog under the Obama Administration. Chairman Murphy’s term expires in December 2027.
  2. The U.S. Court of Appeals for the Sixth Circuit held that the Board exceeded its authority by establishing a new representation standard through adjudication that conflicts with governing precedent. Brown-Forman Corp. v. NLRB, Nos. 24-2107/25-1060 (6th Cir. Mar. 6, 2026). The court vacated a bargaining order requiring an employer to recognize a union that lost an election following the employer’s pre-election unfair labor practices. Although it acknowledged the Board’s authority to develop policy through adjudication, the court found that the Board previously improperly displaced the framework established in NLRB v. Gissel Packing Co., 395 U.S. 575 (1969), with a new standard that was unnecessary to resolve the case,...


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