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politics5h ago
Top Five Labor Law Developments for March 2026 - Jackson Lewis
- James Murphy is back as chair of the National Labor Relations Board, aiming to reduce the case backlog.
- The Sixth Circuit vacated a bargaining order, limiting the Board’s new representation standard.
- The decision signals greater judicial scrutiny of significant policy changes by the Board in the Sixth Circuit.
- Washington enacted a trigger law to shift private-sector labor authority to PERC if the Board fails to act.
- The Washington law takes effect June 11, 2026, with potential federal preemption challenges ahead.
- The Board declined to revisit precedent barring mixed guard-nonguard unions from certain elections.
- Paragon Systems decision affirmed the interpretation of Section 9(b)(3) regarding mixed unions.
- Board members indicated rulemaking is time-consuming and may be reconsidered in future cases.
- Expect a gradual return to employer-friendly standards through adjudication rather than broad policy changes.
- The report cautions employers not to expect an immediate wave of changes despite resumed Board decisions.
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