September 16, 2026: EEOC general counsel nominee, NLRB declines jurisdictional hearing, Allina Health physicians strike

# What happened on September 16, 2026

Three labor-related developments were reported: a White House nomination for the Equal Employment Opportunity Commission's top lawyer, a National Labor Relations Board jurisdiction ruling, and a multi-day strike by unionized physicians.

EEOC general counsel nomination

President Trump nominated Catherine Eschbach to a four-year term as General Counsel of the Equal Employment Opportunity Commission. Eschbach has been serving as the agency's acting general counsel since the prior year and previously led the Department of Labor's Office of Federal Contract Compliance Programs. If the Senate confirms her, she would oversee the EEOC's litigation program, which includes the attorneys who investigate discrimination complaints, negotiate settlements, and litigate against employers.

News outlets reported that Eschbach has assisted the administration's initiative to eliminate diversity, equity, and inclusion programs. The EEOC announced at her appointment last year that she would implement the administration's enforcement priorities through the agency's litigation work.

NLRB declines to resolve Boldt driving dispute under Section 10(k)

Wisconsin contractor The Boldt Company did not present a traditional jurisdictional dispute under Section 10(k) of the National Labor Relations Act. The dispute began when Boldt stopped employing drivers represented by the Teamsters after the last Teamster driver retired, while employees represented by Operating Engineers Local 139 continued to perform the work.

The Teamsters filed grievances asserting entitlement to the work. Boldt warned that resolving those grievances could displace an Operating Engineers-represented employee, and Local 139 threatened to picket. The Board found the facts did not fit the classic Section 10(k) scenario—where an employer is caught between competing union claims to the same work—and quashed the notice of hearing. That means the Board will not resolve the dispute using Section 10(k) procedures in this case.

Allina Health physicians begin a four-day strike

Physicians specifically seek greater input on staffing and workload decisions and on the implementation of artificial intelligence in clinical settings. The union filed a ten-day unfair labor practice strike notice earlier in the month after members overwhelmingly authorized a strike.

Allina Health said the striking physicians represent roughly ten percent of credentialed physicians at the two campuses and indicated it expects operations to continue without disruption during the strike.

# Implications to watch

• A confirmed EEOC general counsel will shape litigation priorities and enforcement choices at the agency for a four-year term.
• Section 10(k) in the Boldt case limits a fast-track Board resolution option and may push the unions and employer toward grievance arbitration or other bargaining routes.
• The Allina strike highlights continuing tensions over clinician input into operational decisions, workforce policies like noncompetes, and how hospitals manage adoption of technologies.

These items together show activity across federal enforcement, Board jurisdictional doctrine, and frontline labor action in health care.