HR Policy filed amicus briefs in two cases targeting key labor law policy issues and consolidates the latest NLRB’s actions for Q4 2023 in our NLRB report.
NLRB Update: HRPA details the Board’s broadside against employee handbooks, covers significant Board decisions, General Counsel initiatives, and more. Read it to stay on top of the more pressing NLRB developments.
HR Policy files pair of NLRB amicus briefs: The Association filed two amicus briefs in the last month. The first targets the Board’s ability to force an employer to reinstate workers before the case is litigated and the second challenges forced union recognition by card check.
- Starbucks v. McKinney: In this case, involving the Board’s ability to force relief (such as employee reinstatement, facility closures and openings, etc.) before a case is fully litigated, the Association filed a brief with the Supreme Court arguing for a more rigorous standard to be applied across all courts of appeals before such relief is granted by a court.
- Cemex v. NLRB: In this case, the Association filed a brief urging the Ninth Circuit Court of Appeals to overturn the Board’s decision in Cemex, which in practice could allow unions to gain recognition solely based on a majority of employees signing authorization cards (card check).
