Senator Introduces Bill to Freeze NLRB Decisions
Hundreds of National Labor Relations Board (“NLRB”) actions, many of which make it easier for workers to unionize, would be frozen or invalidated under legislation proposed this week by Sen. John Barrasso (R-Wy).
The so-called “NLRB Freeze Act of 2013” is a response to a recent D.C. Circuit ruling that President Barack Obama violated the Constitution when he appointed three NLRB members in January of 2012.
Sen. Barrasso’s proposed legislation is largely symbolic because it stands virtually no chance of passing the Democratic-controlled Senate. Nevertheless, Barrasso said that bill is necessary to remove the “cloud of uncertainty” that hangs over NLRB policy in light of the court’s ruling.
"Until we have final resolution from the courts, the NLRB should not be able to issue or enforce any decisions that will create even more confusion and illegitimate regulations,” Barrasso stated in a press release.
President Obama is expected the appeal the D.C. Circuit’s ruling to the Supreme Court. Until then, the status of hundreds of NLRB decisions over the past year remains in doubt.
The Obama Administration has expressed confidence that the D.C. Circuit’s ruling was faulty and will be overturned. Alternatively, administration officials argue that the ruling should apply only to the specific case at issue, Canning v. NLRB, and has no broader effect on other NLRB actions.
NLRB critics contend that all agency actions from the past year should be invalidated because, without the three Obama nominees, the board lacked the required quorum when it voted.
Featured Insights

In The News
Oct 21, 2026
Scott Seaman Says Walmart Ruling is an "Aberration" in the Opioid Insurance Battle

Event
October 21 – 23, 2026
D.L. Morriss Presents on International Banking Litigation and AI Regulation

Press Release
Oct 20, 2026
Seasoned Litigator Joins Hinshaw's Aviation and Aerospace Team in Chicago

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 19, 2026
Refile, Repeat: Ohio’s Savings Statute Allows for Unlimited Bites of a Time-Barred Claim

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 16, 2026
Key Takeaways from the 2026 ACVL Conference for the Auto Finance Industry

Press Release
Oct 16, 2026
Nia Binns Re-Appointed Health and Wellness Committee Co-Chair of the BWLA

In The News
Oct 16, 2026
Jennifer Driscoll Explains How Bond Request Spurred AG Settlement in Paramount Merger

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 15, 2026
OCC Releases Debanking Report on Largest Banks; CFPB Announces Follow-On Initiative

In The News
Oct 14, 2026
Hinshaw Attorneys Contribute Rhode Island Chapter in ABA Legal Malpractice Survey



