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Nurse Challenges NLRB Decision Blocking Union Decertification Vote at Spectrum Health Systems

Nurse Challenges NLRB Decision Blocking Union Decertification Vote at Spectrum Health Systems

Julie Reno, a nurse at Spectrum Health Systems, has filed a Request for Review with the National Labor Relations Board (NLRB) to overturn a Regional Director's decision that indefinitely blocked a vote to remove the AFSCME Union. Reno, represented by attorneys from the National Right to Work Legal Defense Foundation, initially filed a petition in May for a secret-ballot vote on decertifying AFSCME Local 93. The vote has been delayed for six months, with union lawyers and Regional Board officials providing various reasons. Initially, a 'contract bar' was cited, but this was challenged as no agreement with definite start and end dates was produced. Subsequently, the Region blocked the election based on two alleged unfair labor practice charges filed by AFSCME against Spectrum Health eight months prior. Reno's filing argues that the NLRB's 'blocking charge' policy conflicts with Section 9(c) of the National Labor Relations Act, which mandates an election when a question of representation exists, and that the ...
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WARN Act Regulations for Multi-State Employers Detailed Amidst Layoff Announcements

WARN Act Regulations for Multi-State Employers Detailed Amidst Layoff Announcements

WARN Act Regulations for Multi-State Employers Detailed Amidst Layoff Announcements
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National Labor Relations Board Faces Legal Challenge Over Union Certification Standards

National Labor Relations Board Faces Legal Challenge Over Union Certification Standards

The Coalition for a Democratic Workplace (CDW), joined by Independent Electrical Contractors (IEC) and other employer organizations, has filed an amicus curiae brief with the National Labor Relations Board (NLRB). The brief challenges the NLRB's long-standing interpretation of the National Labor Relations Act (NLRA) regarding union certification. Currently, the NLRB certifies a union if it receives a majority of votes cast in a representation election, even if that number is less than a majority of all employees in the bargaining unit. The CDW argues that Section 9(a) of the NLRA requires a union to have affirmative support from a majority of all employees in the bargaining unit, not just those who participate in the election. This legal challenge is supported by the Supreme Court's 2024 decision in Loper Bright Enterprises v. Raimondo, which eliminated mandatory judicial deference to federal agencies' statutory interpretations, urging the NLRB to adhere to the law's actual text. The brief contends that th...
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Supreme Court Declines Review of NLRB's Adjudicative Precedent Interpretation

Supreme Court Declines Review of NLRB's Adjudicative Precedent Interpretation

The U.S. Supreme Court has declined to review a petition in the case of Rieth-Riley Construction Co. v. NLRB. The employer, Rieth-Riley Construction Co., had argued that the Sixth Circuit Court of Appeals improperly allowed the National Labor Relations Board (NLRB) to reinterpret one of its own long-standing precedents without independently analyzing the precedent's original meaning. The case centered on the NLRB's 1958 decision in Retail Associates, which governs withdrawal from multiemployer bargaining units. Rieth-Riley contended that the NLRB effectively rewrote this rule by interpreting 'the agreed-upon date' for bargaining to begin as 'any agreed-upon date,' thereby allowing a union to withdraw even when no specific bargaining date had been set. The employer argued that this interpretation nullified part of the original rule and contradicted the text of the Board's own precedent, and that the Sixth Circuit wrongly deferred to the agency's reading.
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Ninth Circuit Blocks California's Scope 3 and Climate-Risk Reporting Requirements

Ninth Circuit Blocks California's Scope 3 and Climate-Risk Reporting Requirements

The Ninth Circuit Court of Appeals has issued a significant ruling regarding California's climate disclosure laws, SB 253 and SB 261. In the case of United States Chamber of Commerce v. Sanchez, the court allowed California's Scope 1 (direct emissions) and Scope 2 (emissions from purchased energy) greenhouse gas reporting requirements to proceed. However, the court blocked the State's Scope 3 (other emissions connected with the supply chain and products) and climate-related financial risk reporting requirements, stating they likely violate the First Amendment. This decision reverses a district court's denial of a preliminary injunction for these specific provisions. The court distinguished between Scope 1 and 2 data, which are measurable from a company's own operations and considered commercial speech, and Scope 3 data, which requires companies to compile and estimate information about third parties' activities, making it subject to stricter scrutiny. Similarly, SB 261, which mandates reports on climate-re...
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Iowa State Bar Association to Host Seminar on Labor and Employment Law, Including First Amendment and Social Media

Iowa State Bar Association to Host Seminar on Labor and Employment Law, Including First Amendment and Social Media

The Iowa State Bar Association (ISBA) Labor and Employment Law Section is set to host its annual seminar on November 20, 2026, in Des Moines, Iowa. The event will bring together attorneys, judges, and other legal professionals to discuss current legal issues impacting the workplace. Key topics include the development of Iowa employment law, labor law considerations for employment lawyers, and a dedicated session on the First Amendment and social media. Speakers for the First Amendment and social media segment include David Albrecht from Iowa Employment Attorneys, PLC, and Deborah Tharnish from Dentons Davis Brown. The seminar offers 7.50 state CLE hours, including 1 diversity hour and 0.75 ethics hours, and provides both in-person and live webinar attendance options. A late registration fee of $50 will apply for registrations received after November 18.
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AI-Driven Employment Tools Raise Legal Concerns Over Bias and Discrimination in New York

AI-Driven Employment Tools Raise Legal Concerns Over Bias and Discrimination in New York

AI-Driven Employment Tools Raise Legal Concerns Over Bias and Discrimination in New York
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SpaceX must face sex-bias claims after appeals court rejects arbitration request

SpaceX must face sex-bias claims after appeals court rejects arbitration request

By Blake Brittain Nov 10 (Reuters) - SpaceX must face a lawsuit accusing it of illegally firing eight engineers who raised concerns about alleged sexual harassment and discrimination at the company after a US appeals court on Tuesday rejected its request to send the case to private arbitration.
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Foley Lardner LLP Attorneys Co-Author Comprehensive Guide on AI and Technology in the Workplace

Foley Lardner LLP Attorneys Co-Author Comprehensive Guide on AI and Technology in the Workplace

Foley Lardner LLP Attorneys Co-Author Comprehensive Guide on AI and Technology in the Workplace
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North Carolina Business Court Dismisses Employer Lawsuit Over Venue Clause Enforcement

North Carolina Business Court Dismisses Employer Lawsuit Over Venue Clause Enforcement

North Carolina Business Court Dismisses Employer Lawsuit Over Venue Clause Enforcement
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Venezuelan Nationals Denied Pseudonymous Lawsuit Against U.S. Government Over Alleged Tren de Aragua Ties

Venezuelan Nationals Denied Pseudonymous Lawsuit Against U.S. Government Over Alleged Tren de Aragua Ties

A U.S. District Court in the Northern District of Texas has denied a motion by Venezuelan nationals to proceed pseudonymously in a habeas action against the U.S. government. These petitioners, representing a proposed class, are challenging President Trump's invocation of the Alien Enemies Act, which allows for the detention and removal of foreign nationals involved in an 'invasion or predatory incursion' against the United States. The President's proclamation specifically targets alleged members of the Tren de Aragua, a Venezuelan group accused of drug trafficking and other criminal activities. The court's decision upholds a previous Fifth Circuit ruling, stating that the petitioners failed to provide sufficient evidence of concrete harm or threats that would justify anonymity, beyond 'generalized concerns' about potential retaliation in Venezuela or other countries if their identities were disclosed. The court also noted that the petitioners dispute their designation as Tren de Aragua members, arguing the...
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Top UK appeals court rules gay sex not a crime in the Caribbean nation of Trinidad and Tobago

Top UK appeals court rules gay sex not a crime in the Caribbean nation of Trinidad and Tobago

A final court of appeals in England has struck down a centuries-old gay sex ban in Trinidad and Tobago in a ruling that activists are celebrating