Philippa Marks is a student at Harvard Law School.
In today’s news and commentary, the D.C. Circuit Court of Appeals enforces a NLRB order requiring a Las Vegas casino to bargain with a union and the House passes a bill to speed up contract negotiation.
On Wednesday, the US Court of Appeals for the DC Circuit endorsed the NLRB’s “Gissel” bargaining order against Red Rock Casino Spa under NLRB v. Gissel Packing Co., a 1969 Supreme Court decision authorizing bargaining orders when labor law violations make a fair rerun election unlikely. The NLRB had found that the casino ran an extensive anti-union campaign after Unite Here began organizing employees in 2018 and 2019. The 2024 Board had also issued a Cemex bargaining order — the first under a standard articulated in Cemex Construction Materials Pacific LLC, a 2023 Biden-era decision that empowers the Board to issue bargaining orders based on employer conduct prior to and immediately preceding an election, before any vote takes place. The DC Circuit today declined to endorse the Cemex order, upholding only the Gissel order. This marks the second time a circuit court has taken that approach: in April, the Ninth Circuit similarly affirmed the Gissel order while declining to reach the Cemex question.
On Tuesday, the House passed the Faster Labor Contracts Act 230-193, with broad Democratic support and 20 Republicans crossing the aisle. The bill would establish a structured timeline for stalled contract negotiations: if union and employer talks remain unresolved after 90 days, either side could request mediation, and after another 30 days without resolution, the dispute would move to binding arbitration producing a two-year contract. According to Bloomberg Law, it takes an average of 465 days for workers and their employers to reach a first contract after a successful union election. The Teamsters General President remarked, “This is one of the most consequential labor bills to come before Congress in generations.”
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July 30
Supreme Court denies Cemex's bid to pause bargaining order; employers remain exposed to Title VII suits over English-only rules; Texas judge declines to enjoin NLRB proceeding despite unconstitutional removal protections.
July 29
NYC public defender strikes spread to the Bronx; NLRB drops challenge to New York labor law after Amazon wins its case; new data shows appointments of women and minorities to S&P 500 boards at lowest level in a decade.
July 28
DOJ drops charges against SEIU California president; Massachusetts nurses file ULP against hospital; Democratic lawmakers look to remove damage caps in employment discrimination cases
July 27
NY Port Authority proceeds to trial on PUMP Act case; First Circuit denies stay in order vacating H-1B visa fee; DC Circuit panel denies First Amendment claim over disclosure of confidential emails in allegation of prison's COVID-19 mismanagement.
July 24
EEOC drops request for UPenn's Jewish staff; Starbucks defeats mail-in ballots; and Mamdani appoints Lina Khan.
July 23
Ninth Circuit affirms ban of transphobic books in school; leading demographer warns of impending labor shortage.