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Policy Week in Review – March 13, 2026
At a Glance
The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal legislation, regulations, and congressional activity affecting the workplace.
Industry Groups Petition NLRB for Rulemakings
Several industry groups submitted rulemaking petitions to the National Labor Relations Board (NLRB) this week. A Petition filed on March 12 requests that the Board commence a rulemaking proceeding to protect secret ballot elections under the National Labor Relations Act (NLRA). The petition urges the Board to promulgate a rule that would “eliminate current confusion and inconsistency and specify the circumstances under which the Board may, consistent with Gissel, exercise its remedial discretion to issue and seek enforcement of a bargaining order, reaffirming the Act’s preference for secret-ballot-elections.” Petitioners argue the rule would promote predictability, protect employee free speech, and confine bargaining orders to their proper remedial function.
Another Petition filed on March 12 requests that the Board initiate a rulemaking to reconsider the lawfulness of the standard previously adopted by the Board, which held that employer-required meetings (“captive audience meetings”), during which the employer discusses unionization with their employees, violates the NLRA and the First Amendment.
These Petitions follow the Rulemaking Petition filed by industry groups on February 11 urging the Board to adopt a proposed rule for determining independent contractor status under the NLRA. That petition argued that such a rule would restore the certainty and clarity provided by application of the common-law test as set forth in the Board’s decision in SuperShuttle and that it would better align with judicial precedent and the current administration’s views.
NLRB Declines to Overrule Ex-Cell-O
In a closely watched development, the National Labor Relations Board has declined to overrule Ex‑Cell‑O Corp., 185 NLRB 107 (1970), preserving a 56‑year‑old framework that limits remedies when an employer refuses to bargain to test a union’s certification and an appeals court ultimately upholds the certification. The decision came in the Board’s ruling in Longmont United Hospital on February 26, 2026. For Littler’s analysis on what employers should know, read here.
Senate Republicans Raise Challenges with Previous Administration’s Proposed Heat Safety Rule
Senate Health, Education, Labor, and Pensions (HELP) Committee Chair Bill Cassidy (R-LA) and 15 Republican Senators sent a letter to U.S. Department of Labor Secretary Chavez-DeRemer urging the Department to consider, as the rulemaking continues, a variety of concerns raised by constituents with the previous administration’s “one-size-fits-all” proposed rule.
Chair Cassidy (R-LA) Requests Information on College Athletics
Following the March 10 Senate HELP Committee roundtable addressing the “The New Era of College Sports: Finding a Stable Path Forward,” Chair Cassidy (R-LA) issued an RFI on college athletics requesting information from stakeholders on employment considerations, among other items.
