The Labor Law Insider

Momentum Shift from Union Friendly Continues at NLRB, Part 2

In this episode, Labor Law Insider host Tom Godar [https://www.huschblackwell.com/professionals/thomas-godar], and his special guest, Adam Doerr [https://www.huschblackwell.com/professionals/adam-doerr], continue to explore the momentum shift away from the extreme interpretations of the Biden-appointed National Labor Relation Board. In part 1, published earlier in April, the focus was on recent decisions of the Board, limiting the reach of the interpretation of authority imposed in decisions such as Thryv. Adam and Tom continue to offer play-by-play comments in part 2 of this podcast as they discuss the Courts of Appeal whistling fouls committed by the previous Board as it sought to rewrite the rules of the game. In Brown-Forman Corp v. NLRB, the Court of Appeals for the 6th Circuit rolled back the clock to the long-standing Gissel standard, limiting the Board’s authority to issue bargaining orders without an election or after a loss of an election by a union. It found that the Board lacked authority to create this new policy through a decision rather than rulemaking. Likewise, the Court of Appeals for the 5th Circuit rejected the broad interpretations of possible damages for committing an Unfair Labor Practice under the prior Board’s Thryv decision, ruling in Hiran Management v. NLRB that the broad remedies under that Board decision were “beyond the text of the NLRA.” Our insiders offer post-game analysis that the momentum shift will not only change the interpretation of the NLRA but will also change ways in which employers craft and interpret policies, and generally provide much greater freedom in applying supervisory oversight for their employees. Join us for part 2 of the Labor Law Insider.

Momentum Shift from Union Friendly Continues at NLRB, Part 1

There seemed to be another type of madness going on this past month. NLRB called a foul on Jireh Plumbing as it tried to block imposition of a union without an election, ignoring historic precedent established by the Cemex decision. Join host Tom Godar [https://www.huschblackwell.com/professionals/thomas-godar] and all-star guest Adam Doerr [https://www.huschblackwell.com/professionals/adam-doerr] as they explore recent board decisions which continue NLRB’s shift back in favor of Team Employer. Part 1 leans into the recent board rulings, and part 2, which will be published later this month, follows Courts of Appeals as they also block the Biden-board fast break to new and union friendly interpretations of labor law. Relevant NLRB Decisions: * Jireh Plumbing, LLC [https://www.nlrb.gov/case/13-CA-359511] * St. John’s College [https://www.nlrb.gov/case/28-RM-337949]

NLRB Changes in 2026: People and Policy, Part 2

Join Labor Law Insider host Tom Godar [https://www.huschblackwell.com/professionals/thomas-godar] and his special guest, Insider veteran Terry Potter [https://www.huschblackwell.com/professionals/terry-potter], as they move into part 2 of their discussion of changes in people and policy at the National Labor Relations Board. This show highlights the new interpretations of the National Labor Relations Act (Act) that are emerging under the Trump era NLRB, and offers solid advice about crafting workplace policies and training of supervisors to engage employees and avoid pitfalls. Terry also shares his insights on union abuse of social media to influence employees and joins Tom in suggesting transparency in communicating employer economic and workplace issues. Don’t miss the conclusion of this timely discussion about labor law issues in 2026 and beyond.

NLRB Changes in 2026: People and Policy, Part 1

Now that the NLRB has reached a quorum and appointed a new General Counsel, Labor Law Insider host Tom Godar [https://www.huschblackwell.com/professionals/thomas-godar] sits down for a timely conversation with Insider veteran, Terry Potter [https://www.huschblackwell.com/professionals/terry-potter]. Terry’s experience as a former NLRB attorney and his decades in private practice guiding employers make this a must-listen episode. The new Board will change the way it tackles issues of union elections, remedies for unfair labor practices, and the scope and analysis of activities to be protected under the National Labor Relations Act.  Recent changes, including President Trump’s appointment of an Acting General Counsel who has withdrawn certain advice memoranda and added interpretive declarations, signal that the Board will continue to move in a management-friendly direction in the coming years.  In part 1 of the podcast Tom and Terry discuss the new appointments, explore the changes in interpretation, and the probable impact upon employers, labor unions, and employees. Part 2 will continue this insightful analysis and offer options for employers as they navigate the ever-evolving world of labor law.

Servant Leadership to Grow a Business with Engaged Employees, Part 2

As we welcome the new year, host Tom Godar [https://www.huschblackwell.com/professionals/thomas-godar] continues his discussion with Elizabeth Filter, CEO of VARC Inc., as she shares insights from her experience as a servant-leader. Her journey of successfully growing an enterprise that has focused on creating opportunities for people with disabilities while meeting the exacting demands of manufacturers is an inspiring story. Liz offers an overview of her role as a CEO in empowering and engaging her staff and communicating opportunities and challenges to the thousand-plus employees who participate in this mission driven business. The discussion highlights how well-designed policies can create opportunities for individuals to make decisions independently and effectively. Liz explains how valuing her employees creates an environment for growth for employees and growth for VARC.  Join this discussion as Tom asks Liz how fostering a positive employment environment not only creates success but diminishes opportunities and incentives for employees to either leave or challenge the enterprise through legal proceedings. This capstone of the discussion is an amazing episode of the Labor Law Insider.