Yesterday, we reported that the Second Circuit denied enforcement of a Board Order issued by only 2-Members in light of New Process Steel v. NLRB and noted that the Court’s order did not remand the case to the Board, potentially foreclosing the Board’s ability to re-decide the case.  The Sixth Circuit has now weighed-in and remanded a 2-Member case to the Board for consideration by three or more Members.  In Galicks, Inc. v. NLRB, the court sua sponte remanded a pending case to the Board “for proceedings consistent with [New Process Steel].”  The opinion noted that the Clerk was advised by the Board that it would be filing motions to remand all cases pending in the Sixth Circuit (and presumably other circuits) in light of New Process Steel but that the motion had not been filed as of the date of the opinion.  Click here to read a copy of the Board’s Motion to Remand.

It remains to be seen whether other circuits will grant motions to remand filed by the Board, remand or deny enforcement of Board Orders sua sponte, or take other action.  We will continue to monitor these important developments and report on them as they occur.

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Photo of Justin Keith Justin Keith

Justin F. Keith represents employers in all areas of labor and employment law—including reductions in force, litigation of discrimination, harassment, whistleblower, and retaliation claims, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country.

Justin Co-Chairs

Justin F. Keith represents employers in all areas of labor and employment law—including reductions in force, litigation of discrimination, harassment, whistleblower, and retaliation claims, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country.

Justin Co-Chairs the firm’s Labor & Employment Practice’s Labor-Management Relations group and advises clients in all areas of traditional labor law, including union organizing campaigns, collective bargaining negotiations, unfair labor practice charges and representation case proceedings before the NLRB, union avoidance strategy and training, strike response and contingency planning, grievance arbitration proceedings, and appellate litigation before the NLRB and the Courts of Appeals. Justin was co-counsel to New Process Steel in the landmark Supreme Court case, New Process Steel v. NLRB, 560 U.S. 674 (2010). He is also a contributing editor of The Developing Labor Law, the leading treatise on U.S. labor law, and a frequent speaker to legal and industry groups on labor and employment issues.

Justin has litigated dozens of wage and hour class actions brought under the Massachusetts Wage Act and nationwide collective actions under the Fair Labor Standards Act. He represents employers across a broad spectrum of industries, including retail, transportation, delivery services, and telecom services in nationwide class and collective actions brought throughout the country.

Justin regularly provides counsel to senior management and human resource personnel on employment law compliance matters, such as reductions in force, leaves of absence, exempt status classification under the FLSA and state law, employee discipline, sexual harassment, discrimination and retaliation, and restrictive covenant agreements.