In late February, the AFL-CIO Executive Council called on
Senate Democrats to empower the National Labor Relations Board or else.
"Now we demand that the president name all five people to fill those NLRB
positions and that the Senate vote promptly," according to Communications
by Martin J. Saunders
While the validity or invalidity of the National Labor
Relations Board's early 2012 recess appointments has been all the rage in labor
relations news recently, it's important not to overlook all of the other things
the Board has been doing in recent months. Like overruling...
On March 21, 2013, the ranking member of the Senate
Health, Education Labor and Pensions Committee, Lamar Alexander (R-TN), offered
an amendment that would defund the enforcement of any decisions or regulations
made by the National Labor Relations Board, citing the decision in Noel
Canning by the...
In July 2012, the National Labor Relations Board held
that a blanket approach and policy requiring confidentiality during all
internal workplace investigations violates employees' concerted activity rights
under Section 7 of the National Labor Relations Act (NLRA). As a result,
The NLRB has confused me with its apparent
reasonableness. Last week, the NLRB published an advice memorandum from its
Office of General Counsel, in which it opined that the at-will disclaimer in an
employer's handbook did not violate employees' Section 7 rights to engage in
On April 23, 2013, the National Labor Relations Board
issued its decision in Caterpillar, Inc. , 359 NLRB No. 97 (2013),
holding that a company's refusal to allow a non-employee union representative
on its property after a fatal accident to investigate the accident was a
violation of Section...
Among the labor law trends that Barran has chronicled in
its Electronic Alerts is the National Labor Relations Board's
("NLRB") expansive interpretation of what constitutes an unlawful
restraint on an employee's exercise of his or her rights under the National
Paper , the Division of Advice reviewed an employer's confidentiality rule
and found it to be unlawfully overbroad. The rule was overbroad because it did
not provided for confidentiality on a case by case basis consistent
with the Board's ruling in Banner Health System , 358 NLRB...
On May 7, 2013, the United States Court of Appeals for
the District of Columbia struck down the National Labor Review Board's
("NLRB") notice rule, which requires employers under its jurisdiction
to display posters notifying employees of their rights under the National Labor
The D.C. Circuit Court of Appeals took another shot at
President Obama's NLRB yesterday in Nat'l Ass'n of Mfrs. v. NLRB (opinion here) [ an enhanced version of this opinion is available to lexis.com
subscribers ]. The Court vacated the NLRB's poster requirement,
primarily under s 8...
The United States
Court of Appeals for the Third Circuit today in a 2-1 decision invalidated a number of orders of
the National Labor Relations Board in NLRB
v. New Vista Nursing And Rehabilitation [ an enhanced version of this opinion is available to lexis.com
subscribers ] , holding that the Recess...
In Noel Canning v. NLRB the D.C. Circuit held that
President Obama's "recess" appointments to the NLRB were
unconstitutional. For a rundown of the implications of this holding, see
here . I warned you that the Third
Circuit was also looking at this issue also. Well guess what?
Although law firms can be subject to the NLRB's
jurisdiction, there are not many reported decisions. An administrative
law judge recently issued a decision involving
a small law firm in Alabama that addressed the issue of whether a lawyer who
was not a partner could be a supervisor within the...
On May 22, 2013, the Senate Committee on Health,
Education, Labor & Pensions voted to approve the nominations of Mark
Pearce, Richard Griffin, Sharon Block, Harry Johnson, and Phillip Miscimarra to
be Members of the National Labor Relations Board. The committee vote for
Johnson and Misimarra...
by Todd L. Sarver
In my last blog post, which can be found here ,
I observed that it seemed the NLRB had "jumped the shark" and lost its
relevance. I suggested that one way to restore some legitimacy to the NLRB was
to appoint true "neutral" Board members culled from a pool...
In this Emerging Issue
Analysis, N. Peter Lareau, author of "NLRA: Law and Practice" and
numerous other books and articles in the field of labor law, summarizes the
court's decision in NLRB v. New Vista Nursing & Rehabilitation (New Vista
II) and offers some thoughts on its implications...
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on
June 24 agreed to decide whether President Obama's "recess"
appointments of three members to the National Labor Relations Board in 2012
should be upheld ( National Labor Relations Board v. Noel Canning, a Division
of the Noel...
WASHINGTON, D.C. — (Mealey’s) CSC Holdings LLC and its direct subsidiary Cablevision Systems New York City Corp. filed an emergency application with Chief Justice John G. Roberts Jr. on July 1 seeking to halt National Labor Relations Board (NLRB) proceedings concerning unfair labor practice...
WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Chief Justice John G. Roberts Jr. on July 2 denied an emergency application filed a day earlier seeking to halt National Labor Relations Board (NLRB) proceedings pending a decision on the dispute over “recess” appointments to the...
Ladies and gentlemen, the National Labor Relations Board is back in business.
(Well, somebody tell that to the Board, where it's been business as usual lately. More on that in a moment.)
Yesterday, the Senate voted mainly along party lines to confirm five members -- a full slate -- to the Board...
Now that the Senate has confirmed a full complement of Board members, employers should expect a familiar rite of passage to occur--the reversal of the prior Board's decisions. In this case, the Bush Board decisions in key areas will likely be reviewed and reversed. The fact that the Obama Board lacked...
On September 18, 2013, the Senate Health, Education, Labor and Pensions Committee will hold an executive session at which it will discuss the nomination of Richard Griffin to be General Counsel of the National Labor Relations Board. It will also take up the nominations of Chai Feldblum to serve as a...
Senate Majority Leader, Harry Reid, has placed the nomination of Richard Griffin, Jr. to be General Counsel of the National Labor Relations Board on the Senate’s Executive Calendar for October 28, 2013, at which time there will be up to one hour of debate, equally divided, on the nomination. His...
After a successful cloture vote on October 29, 2013, the Senate conducted a roll call vote on the nomination of Richard Griffin, Jr. to be General Counsel at the National Labor Relations Board. He was confirmed by a vote of 55 to 44. Once sworn in, Griffin will take over from Lafe Solomon who has been...
The U.S. Court of Appeals for the Fifth Circuit in a split decison in D.H. Horton v. NLRB , No. 12-60031, decided December 3, 2013, rejected the NLRB’s ruling that an agreement between employees and Horton requiring arbitration and prohibiting class or collective actions in arbitration was a violation...