NLRB and New York Agree to Dismiss Lawsuit Based on Permanent Injunction of New York Law Seeking to Usurp Agency Jurisdiction

On September 12, 2025, the National Labor Relations Board (NLRB) filed a lawsuit in the Northern District of New York, challenging S.8034. This law amended the State Employment Relations Act (SERA) to permit New York’s Public Employment Relations Board (PERB) to oversee private sector union elections and unfair labor practices. Since the NLRB has exclusive jurisdiction over most private sector labor disputes under the NLRA, this legislation is preempted by the NLRA, as detailed in then-Acting General Counsel William Cowen’s September 16 press release. “Misguided legislation such as S.8034A would ultimately undermine the national framework for protecting employees’ rights that has been in place for ninety years,” said then-Acting General Counsel Cowen. Last week, S.8034 was permanently struck down by the Eastern District of New York in parallel litigation, Amazon.com Services LLC v. New York State PERB. That court granted Amazon’s motion for summary judgment, and declared that S.8034A is unconstitutional, null, and void, and permanently enjoined New York’s Public Employment Relations Board from enforcing the amendment. The Eastern District of New York held that the SERA Amendment is squarely preempted by the NLRA, as interpreted in San Diego Building Trades Council v. Garmon, 359 U.S. 236 (1959). “The court’s ruling confirms the position that the NLRB has taken all along - attempts to override NLRB jurisdiction through state law are clearly preempted by federal labor law. While states certainly have important roles in protecting their citizens in other areas, this type of legislation leads to less protection, less consistency in the application of labor law, and runs completely afoul of the United States Constitution,” said General Counsel Crystal S. Carey. Because New York has stipulated that this judgment is fully binding as to all entities and persons, the parties have stipulated to dismiss, without prejudice, the NLRB’s action in the Northern District of New York.

President Trump Appoints James R. Murphy NLRB Chairman

March 27, 2026 President Donald J. Trump has designated Board Member James R. Murphy Chairman of the National Labor Relations Board. “I wish to thank President Trump for putting his trust in me to serve as Chairman of the National Labor Relations Board. I am looking forward to working with my colleagues Member Prouty and Member Mayer, and all NLRB employees to protect and advance the rights of American workers,” said Chairman Murphy. Chairman Murphy was nominated by President Trump to be a Member of the National Labor Relations Board. He was sworn in as a Member on January 7, 2026, for a term expiring on December 16, 2027. Mr. Murphy returned to the Board after a distinguished career at the National Labor Relations Board with over 47 years of service. Mr. Murphy began at the Board as a student law clerk in 1974 and served as counsel to numerous Board members over the decades. Most recently, he served as Chief Counsel to former Chairman Marvin Kaplan. Chairman Murphy received his J.D. from American University and his B.A. from Princeton University. He and his wife Karen have been married for over fifty years. They have three adult children and four grandchildren.

Sandler v. Modernizing Medicine - filed March 19, 2026

Contracts Where the parties clearly and unmistakably agreed to have an arbitrator resolve any challenge to the validity of the arbitration agreement, this delegation was not negated by the presence of a severability clause. Sandler v. Modernizing Medicine - filed March 19, 2026 Cite as 24-6623 Full text click here >http://sos.metnews.com/sos.cgi?0326//24-6623.

Monroe v. California Public Employees’ Retirement System - filed Feb. 18, 2026

Employment Law A state employee’s service retirement while under investigation for misconduct rendered him ineligible for disability retirement because it constituted a complete severance of the employer-employee relationship, extinguishing the possibility of reinstatement. Monroe v. California Public Employees’ Retirement System - filed Feb. 18, 2026, publication ordered Mar. 11, 2026, Second District, Div. Two Cite as 2026 S.O.S. 679 Full text click here >http://sos.metnews.com/sos.cgi?0326//B345865

Clarification Regarding Recent Coverage of the NLRB’s Updated Docketing Protocol

Recent articles discussing the National Labor Relations Board’s updated internal docketing protocol have reflected a general misunderstanding of the basis for adopting these changes. The agency is committed to ensuring that the public has accurate information about how and why the internal protocol was revised. The updated internal protocol does not require charging parties to provide new categories of information or impose substantive burdens beyond prior practice. The information requested at intake is the same information that Board agents have always required at the beginning of an investigation. The purpose of the new internal protocol is to improve efficiency and reduce delays caused by assigning cases to Board agents who are already managing significant caseloads and may not be able to begin new investigative work for months. Under the prior system, agents often received charges with incomplete information and were required to conduct extensive follow-up before any evidence was collected or meaningful investigative steps could occur. This contributed to growing backlogs and slowed case processing across the agency. By ensuring that essential information is collected at the time the charge is filed, the updated internal protocol allows the agency to make better use of limited investigative resources. When a Board agent reviews the case for the first time, there will already be an organized body of evidence ready for review. This enables the agent to focus the investigation promptly and effectively, improving timeliness for all parties involved. The two-week deadline for responding to preliminary information requests under the updated protocol is fully consistent with longstanding agency practice. Regional offices have historically exercised flexibility when parties need additional time to gather documents or prepare statements, and that practice continues unchanged. The standard for the dismissal of a case has not changed. If the charging party does not cooperate, does not present evidence establishing a credible claim, or refuses to provide relevant information the case will be dismissed just as it always would have been dismissed. The Office of the General Counsel remains committed to fair, efficient, and transparent casehandling. The updated internal docketing protocol is a practical measure designed to support that mission and to ensure that investigations proceed as quickly and effectively as possible once an agent is able to begin work. "This is one of many forthcoming operational changes aimed at achieving quicker resolutions for all parties involved in the NLRB process. I commend Acting Associate General Counsel of the Division of Operations-Management for his initiative in updating our internal protocol regarding the initial steps of an unfair labor practice investigation," stated General Counsel Carey. Q&A: Updated NLRB Internal Docketing Protocol Q1: Does the updated internal protocol require charging parties to provide more information than before? A: No. The updated internal protocol requests the same information that Board agents have always required. Q2: Why did the NLRB adopt this updated internal protocol? A: The update improves efficiency by ensuring that cases are not assigned to Board agents who are already carrying heavy caseloads and may not be able to begin new investigations for months. Collecting information earlier helps reduce delays and backlogs. Q3: Is the two-week deadline for responding new? A: No. A two-week response period has been standard practice for many years. Q4: Will cases be dismissed more frequently under the new protocol? A: No. The standard for the dismissal of a case has not changed. If the charging party does not cooperate, does not present evidence establishing a credible claim, or refuses to provide relevant information the case will be dismissed just as it always would have been dismissed. Q5: How does the new protocol help investigations move faster? A: When a Board agent has additional case capacity, they will already have evidence to review when they are assigned the case. This allows them to begin work immediately, without further delay, and focus the investigation more effectively. Q6: Does this change make it harder to file a charge? A: No. The filing process is unchanged. The updated internal protocol simply ensures that essential information is gathered in advance of the assignment of the case to a Board agent so investigations can proceed more efficiently once assigned. Q7: Is this change related to recent case surges or staffing constraints? A: The updated internal protocol helps the agency manage workload more effectively in periods of high filings or limited staffing, but its purpose is broader: to improve the overall timeliness and quality of investigations.

$1.2 Million Settlement Achieved in Peak Vista Community Health Centers, Case No. 27-CA-348024 et al.

January 26, 2026 On January 20, 2026, Region 27 approved an informal settlement, awarding a total of approximately $1.2 million dollars of backpay and frontpay (in lieu of reinstatement) to five doctors working at various facilities run by Peak Vista Community Health Centers (Respondent) in the Colorado Springs area. The award constituted 176% of the full backpay remedy. The Region alleged, in a complaint issued August 26, 2025, that the doctors were fired in July and August 2024 for collectively protesting and questioning the Center’s newly instituted requirement that they work additional hours without pay, and for their part in an initial organizing campaign with the Union of American Physicians and Dentists (UAPD). The complaint also alleged several threats made by Respondent and Respondent’s electronic surveillance of employees in response to their protected concerted and union activity. Thus, in addition to the monetary remedy, the Region secured a two-page notice posting which Respondent agreed to post physically and distribute electronically to its employees. The settlement resolves all the allegations in the complaint, which was set to go to hearing on January 26, 2026. Despite Respondent’s firing of the main union organizers, the UAPD was certified by the Regional Director of Region 27 as the majority representative of a unit of physicians, nurses and other healthcare professionals on January 13, 2025. A request for review of the certification by Respondent is pending before the Board, as are allegations of Respondent refusing to recognize and bargain with the UAPD.

NLRB Appoints Sylvester Giustino as Director of the Office of Congressional and Public Affairs

January 20, 2026 The National Labor Relations Board (NLRB) announces the appointment of Sylvester Giustino as Director of the Office of Congressional and Public Affairs. Giustino brings more than two decades of leadership in public affairs, government relations, and stakeholder engagement across federal, state, local, and tribal governments. As Director, Giustino will oversee strategic communications that inform workers, employers, unions, and the public about the NLRB’s mission and work, lead media relations and proactive outreach, and collaborate with Agency leadership to ensure timely and accessible public information. He will also strengthen partnerships with external stakeholders and sister agencies to broaden public understanding of the National Labor Relations Act and the Board’s processes. General Counsel Crystal Carey stated, “Sylvester comes to us with a wealth of knowledge including 20+ years of experience advising senior government officials, developing legislative and regulatory strategy, congressional engagement and media communications. I am confident that he will be an asset to the Agency as we move forward.” Giustino most recently served as Director of Intergovernmental Relations in the U.S. Department of Labor’s Office of Congressional & Intergovernmental Affairs, advising Department agencies on state, local, and tribal issues, leading policy development, and serving as the Department’s senior official for consultation with all 574 federally recognized Tribal governments. Previously, he founded Forza 151 Strategies, a government relations consulting group. As President and CEO, he advised clients on federal appropriations, regulatory strategy, and public affairs. He has also worked in government affairs positions for several major trade associations. During the first Trump administration, Giustino was Deputy Director of the Office of Public Liaison at the U.S. Department of Labor, where he directed stakeholder engagement during the COVID‑19 response and modernized processes to improve constituent access to timely guidance. A native of the Bronx, NY and New Jersey, Giustino holds a Bachelor of Arts degree in Political Science from Rutgers University–New Brunswick.