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The rule that requires acquiring companies to bargain with incumbent unions exceeded the agency’s statutory authority, a 2-1 majority of the D.C. Circuit held.

Published July 27, 2026

The National Labor Relations Board's headquarters building in Washington, D.C., on Sept. 10, 2024. The D.C. Circuit determined that the board exceeded its authority in issuing the successor bar rule.

Ryan Golden/HR Dive