[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-seo-640066-105":3,"detail-sidebar-cat-0-en-105":81,"doc-detail-640066-en":130},{"code":4,"msg":5,"data":6},0,"ok",{"site_id":7,"language":8,"slug":9,"title":10,"keywords":11,"description":12,"schema_data":13,"social_meta":74,"head_meta":76,"extra_data":78,"updated_unix":80},105,"en","practical-nlrb-advisor-issue-29-fall-2025","Practical NLRB Advisor - Issue 29 - Fall 2025","","Fall 2025, Issue 29 of The Practical NLRB Advisor surveys major developments at the National Labor Relations Board, emphasizing institutional instability and its impact on employers and labor-law practice. It describes the Board operating without a quorum, the resulting backlog of hundreds of cases, and ongoing challenges to delegated authority. The issue also outlines trends in Board leadership changes, court actions limiting or scrutinizing NLRB measures, and consequential memoranda issued by the acting general counsel.",{"@graph":14,"@context":73},[15,34,56],{"@type":16,"itemListElement":17},"BreadcrumbList",[18,23,27,31],{"item":19,"name":20,"@type":21,"position":22},"https://docshare.wps.com","Home","ListItem",1,{"item":24,"name":25,"@type":21,"position":26},"https://docshare.wps.com/document/","Document",2,{"item":28,"name":29,"@type":21,"position":30},"https://docshare.wps.com/document/research-report/","Research & Report",3,{"item":32,"name":10,"@type":21,"position":33},"https://docshare.wps.com/document/practical-nlrb-advisor-issue-29-fall-2025/640066/",4,{"url":32,"name":10,"@type":35,"image":36,"author":41,"headline":10,"publisher":44,"fileFormat":47,"inLanguage":8,"description":12,"dateModified":48,"datePublished":49,"encodingFormat":47,"isAccessibleForFree":50,"interactionStatistic":51},"DigitalDocument",{"url":37,"@type":38,"width":39,"height":40},"https://docshare.wps.com/thumbnails/practical-nlrb-advisor-issue-29-fall-2025/640066.png","ImageObject",300,407,{"name":42,"@type":43},"Indoniesian Boy","Person",{"url":19,"name":45,"@type":46},"DocShare","Organization","application/pdf","2026-10-31","2026-10-22",true,{"@type":52,"interactionType":53,"userInteractionCount":55},"InteractionCounter",{"@type":54},"ViewAction",6,{"@type":57,"mainEntity":58},"FAQPage",[59,65,69],{"name":60,"@type":61,"acceptedAnswer":62},"Why is the NLRB’s backlog growing as described in this issue?","Question",{"text":63,"@type":64},"The Board has functioned without a quorum since January, leaving it without statutory authority to issue decisions. As a result, the backlog has swelled to well over 400 cases and continues to grow.","Answer",{"name":66,"@type":61,"acceptedAnswer":67},"What legal problem arises from delegations of authority mentioned here?",{"text":68,"@type":64},"Delegations of authority to the acting general counsel and regional directors have been challenged in multiple instances. The issue notes that the legality of those delegations may lead to litigation after the Board regains a quorum.",{"name":70,"@type":61,"acceptedAnswer":71},"What policy concern does the issue raise about the NLRA’s relevance today?",{"text":72,"@type":64},"It questions whether the NLRA is becoming an anachronism given rapid changes in the workplace, including more technical and entrepreneurial work, increased employee mobility, and a more symbiotic labor-management relationship.","https://schema.org",{"og:url":32,"og:type":75,"og:title":10,"og:site_name":45,"og:description":12},"article",{"robots":77,"canonical":32},"index,follow",{"doc_id":79,"site_id":7},640066,1792811173,{"code":4,"msg":82,"data":83},"success",[84,88,92,96,101,105,110,114,119,122,126],{"id":22,"doc_module":4,"doc_module_name":25,"category_name":85,"show_sort_weight":86,"slug":87},"Story & Novel",90,"story-novel",{"id":26,"doc_module":4,"doc_module_name":25,"category_name":89,"show_sort_weight":90,"slug":91},"Literature",80,"literature",{"id":33,"doc_module":4,"doc_module_name":25,"category_name":93,"show_sort_weight":94,"slug":95},"Exam",70,"exam",{"id":97,"doc_module":4,"doc_module_name":25,"category_name":98,"show_sort_weight":99,"slug":100},5,"Comic",60,"comic",{"id":55,"doc_module":4,"doc_module_name":25,"category_name":102,"show_sort_weight":103,"slug":104},"Technology",50,"technology",{"id":106,"doc_module":4,"doc_module_name":25,"category_name":107,"show_sort_weight":108,"slug":109},7,"Healthcare",40,"healthcare",{"id":111,"doc_module":4,"doc_module_name":25,"category_name":29,"show_sort_weight":112,"slug":113},8,30,"research-report",{"id":115,"doc_module":4,"doc_module_name":25,"category_name":116,"show_sort_weight":117,"slug":118},9,"Religion & Spirituality",20,"religion-spirituality",{"id":117,"doc_module":4,"doc_module_name":25,"category_name":120,"show_sort_weight":117,"slug":121},"World Cup","world-cup",{"id":123,"doc_module":4,"doc_module_name":25,"category_name":124,"show_sort_weight":123,"slug":125},10,"Lifestyle","lifestyle",{"id":127,"doc_module":4,"doc_module_name":25,"category_name":128,"show_sort_weight":97,"slug":129},19,"General","general",{"code":4,"msg":82,"data":131},{"doc_id":79,"user_id":132,"nickname":42,"user_avatar":133,"doc_module":4,"category_id":111,"category_name":29,"doc_title":10,"doc_description":12,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":55,"is_deleted":4,"is_public":22,"is_downloadable":22,"audit_status":22,"page_count":139,"language":140,"language_code":8,"site_id":7,"html_lang":8,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":12,"update_tm":144,"read_time":145},962090760608,"https://ap-avatar.wpscdn.com/davatar_276721f389ce27ea32af1340a28f341c","ISSUE 29 | FALL 2025  \nEMPLOYERS AND LAWYERS,  \nWORKING TOGETHER  \nThe Practical NLRB Advisor  \nState of the NLRB  \nIn  \nthis  \nIssue  \n2 6  \n7  \n8  \n11  \nBrian in brief  \nChanges in Board leadership  \nFifth Circuit approves injunctions against the NLRB  \nActing GC issues slew of consequential memoranda  \nOther NLRB Developments  \nIn his 1975 State of the Union address, then-president Gerald Ford made the bleak observation that “the state of the union is not good.” The same problematic assessment is very likely applicable to today’s National Labor Relations Board (NLRB) . The NLRB faces a host of existential challenges. Some of those are the result of external sources and some are the result of homegrown and self-inflicted wounds. But whatever the source, the results are patent.  \nOn the Board level, the NLRB has functioned without a quorum since January of this year. Without a quorum, the Board has been without statutory authority to issue any decisions, and, as a result, its backlog has swelled to well more than 400 cases and growing. Although the NLRB has relied on delegations of authority to its acting general counsel and regional directors to perform certain of its functions, the legality of those delegations has been challenged in multiple instances and may result in eventual post-quorum litigation.  \nAs of August 27, 2025, the five-member Board itself dropped to only a single member, and the NLRB still lacks a confirmed general counsel. While the Trump administration has finally sent nominations to the U.S. Senate for two of the empty Board seats and the general counsel position, it now appears that the general counsel nomination may face serious headwinds and the two Board nominees will  \nSTATE OF THE NLRB continued on page 3  \nISSUE 29 | FALL 2025 The Practical NLRB Advisor  \nBRIAN IN BRIEF  \nThunderclap Newman’s 1969 rock anthem “Something in the Air” begins with the lines: “Call out the instigators, because there’s something in the air. We’ve got to get together sooner or later because the revolution’s here.”Though nearly sixty years old, and penned in an entirely different context, the lines may be an apt description of the current state of labor/management law.  \nAs this issue’s lead article details, the National Labor Relations Board (NLRB) faces a host of challenges both internally and externally. From a legal perspective, several of these challenges are arguably existential. However, wholly apart from the constitutional reassessment of the agency and its structure, there is an even more compelling policy debate that is asking if the agency and the statute that it enforces are misaligned and out of step with today’s workplace.  \nThe National Labor Relations Act (NLRA) is, after all, ninety years old. It was born amid significant labor unrest, when most affected workers were engaged in the kind of manual labor or factory work that predominated in the early twentieth century. Moreover, there was no comprehensive overlay of state, local, and federal law that governed wages, hours, working conditions, health and safety, and retirement  \nprograms. Such hallmarks of early turn of the century employment seem almost alien today.  \nToday, the nature of work itself is rapidly evolving with large swaths of the employment landscape becoming more skilled, technical, and entrepreneurial every day. Today’s employees are more mobile, and their relationship with their employers is often transactional. Most employers now recognize that employees are their most valuable asset and that recruiting and retaining them simply makes good business sense. The classic tension between labor and management is being replaced by a growing realization that the relationship is far more symbiotic than it is antagonistic. Add to this the fact that both state and federal governments have assumed a major role in regulating the workplace.  \nGiven this reality, some are questioning if the NLRA is fast becoming an anachronism, a relic of a very differe","cbCaimrqoRBnXIru","https://ap.wps.com/l/cbCaimrqoRBnXIru","pdf",2953887,13,"English","# Employers and Lawyers, Working Together\n## State of the NLRB\n## Brian in Brief\n## Other NLRB Developments","[{\"question\":\"Why is the NLRB’s backlog growing as described in this issue?\",\"answer\":\"The Board has functioned without a quorum since January, leaving it without statutory authority to issue decisions. As a result, the backlog has swelled to well over 400 cases and continues to grow.\"},{\"question\":\"What legal problem arises from delegations of authority mentioned here?\",\"answer\":\"Delegations of authority to the acting general counsel and regional directors have been challenged in multiple instances. The issue notes that the legality of those delegations may lead to litigation after the Board regains a quorum.\"},{\"question\":\"What policy concern does the issue raise about the NLRA’s relevance today?\",\"answer\":\"It questions whether the NLRA is becoming an anachronism given rapid changes in the workplace, including more technical and entrepreneurial work, increased employee mobility, and a more symbiotic labor-management relationship.\"}]","Practical NLRB Advisor - Issue 29 - Fall 2025 | PDF",1792707402,33]