Project 2025 Tracker / What’s done, what’s next

18. Department of Labor and Related Agencies · Minor

Have NLRB treat union political conflicts as breaches of fair representation

Not started

Printed page 600 18. Department of Labor and Related Agencies

“The NLRB should take enforcement or amicus action advancing the position that political conflicts of interest by union leadership can support claims for breach of the duty of fair representation in a manner analogous to financial conflicts of interest and analogous to breaches of the fiduciary duty of loyalty in other areas of law.”

What has happened

  1. Not started

    The National Labor Relations Board has taken no enforcement or amicus position that political conflicts of interest by union leadership can support a duty-of-fair-representation claim. General Counsel memorandum GC 26-04 (2026-08-26) sets out every precedent the General Counsel has asked or intends to ask the Board to revisit — severance agreements, consent orders, work rules, captive-audience meetings, predictions about unionization, dress codes, waiver of the right to bargain, bargaining orders, unilateral change, objector fees, protected concerted activity, dues checkoff after contract expiry and enhanced remedies — and the duty of fair representation is not among them.

    No action found yet. This entry is the starting point, not a finding.

Research log

What was searched, and what didn’t count as evidence

Research notes

  • Negative search: chapter log, Cluster negative search — the NLRB adjudication asks (#1652, #1653, #1654, #1659).
  • GC 26-04 is the strongest available negative for an NLRB litigating-position ask, because its stated purpose is to publish the General Counsel’s full list “to ensure transparency in relation to my priorities”. https://apps.nlrb.gov/link/document.aspx/09031d4584351740
  • The Board had no quorum from January 2025 until James Murphy and Scott Mayer were sworn in on 2026-01-07, which bounds what could have been decided in the first year of the window.
Action
other
Object
Duty of fair representation enforcement
ID
1652