Ryan Funk Discusses New NLRB Standard for Handling Union Representation Disputes With Bloomberg Law

In “NLRB’s New Cemex Standard Threatens Interim Court Order Process,” labor and employment partner Ryan Funk spoke to Bloomberg Law about the National Labor Relations Board’s (NLRB) new standard for handling union representation disputes, which has the potential to undercut the agency’s ability to obtain interim orders in federal district court.

Funk said federal judges may hesitate to rule on 10(j)s under Cemex because the decision has been appealed to the United States Court of Appeals for the Ninth Circuit.

“They might be a little wary of making a ruling on this when it’s still a matter of first impression for that circuit, so I do wonder if the district courts will weigh in while it’s all shaking out,” Funk said. “And some judges may see Cemex as an activist change in the law and won’t be happy about the agency taking up docket time with it.”

The full article is available for Bloomberg Law subscribers.