In today’s news and commentary, NLRB lawyers urge the 3rd Circuit to follow recent district court cases that declined to enjoin Board proceedings; the percentage of unemployed Americans with a college degree reaches its highest level since tracking began in 1992; and a member of the House proposes a bill that would require secret ballot votes for unions to ratify a contract or authorize a strike.

In a letter to a 3rd Circuit panel, NLRB lawyers highlight recent district court decisions declining to enjoin Board proceedings despite constitutional challenges, Law360 reports. The letter notes that the cases depart from the 5th Circuit’s holding this summer that district courts can enjoin Board proceedings when the Board’s constitutionality is challenged. The 3rd Circuit is considering an appeal from the District of New Jersey where the lower court denied a nursing home’s request to enjoin a Board adjudication proceeding. The attorneys’ letter cites three recent cases, but focuses on a November 17 decision by Judge Timothy Kelly in the District of DC. Judge Kelly relied on provisions in the Norris-LaGuardia Act that divest district courts of jurisdiction over cases involving or growing out of a labor dispute. In its decision this summer, the 5^th Circuit held that the cases before it concerned constitutional challenges to the NLRB’s structure, not labor disputes, and thus did not fall under Norris-LaGuardia’s injunction bar.

One in four unemployed Americans has a college degree – the highest percentage recorded in data going back to 1992, according to a report in Bloomberg Law. Citing BLS data, Bloomberg says that the unemployment rate for college graduates is 2.8%, up a half-percentage point from a year earlier. The President of the Federal Reserve Bank of New York is quoted saying the job market is “a bit of a perfect storm” for new college graduates, with a slowdown in white-collar hiring and layoffs announced at several large companies. The unemployment rate for college graduates remains lower than the overall civilian unemployment rate, which is 4.4% per the BLS.

Politico Pro reports that Representative Mark Harris (R-NC) has introduced a bill that would require unions to conduct secret-ballot votes before ratifying a collective bargaining agreement or authorizing a strike. Per the article, the bill would make mandatory “what is already common practice.” Rep. Harris also proposed a bill that would remove from the Labor-Management Reporting and Disclosure Act (LMRDA) a requirement that members pursue internal dispute resolution procedures before suing their union. Politico reports that the measures were designed in consultation with the Chair of the House’s committee on Education and Workforce.