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President Obama Details Possible Cuts to Federal Spending under Budget Control Act of 2011

On September 14, 2012, the President's Office of Management and Budget released a report on what the estimated impact of sequestration pursuant to Sequestration Transparency Act, as mandated by the Budget Control Act of 2011, would be on January 2, 2013, should the Congress not agree upon a budget...

NLRB Announces Case Statistics for Fiscal Yeal 2012

On October 16, 2012, the National Labor Relations Board announced that in the fiscal year just ended on September 30, 2012, it had issued 341 decisions in contested cases. Of that total, 277 were unfair labor practice cases and 64 were representation cases. It also stated that the median age of pending...

The National Labor Relations Board 2012 Year in Review

Introduction Wow, 2012 was quite the year for the National Labor Relations Board ("Board")! Last year, we discussed the Board's agenda, which at the time we described as aggressive, but with the benefit of hindsight, describing the Board's activity in 2012 as aggressive is like...

Measures Introduced in the Senate and the House to Block Actions by Members of the NLRB

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...

Internal Investigations: NLRB Suggests Confidentiality Language

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, employers were...

NLRB Confirms Legality of Most At-Will Disclaimers (and Employers Everywhere Rejoice)

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 protected, concerted...

Senate Committee Approves President’s Nominations to the NLRB

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...

It’s a Little Too Little: Is the NLRB Headed Towards Irrelevance?

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...

High Court Agrees to Hear Appeal of NLRB Quorum Dispute

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...

Emergency Application Filed With U.S. High Court Seeking To Halt NLRB Actions

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...

Chief Justice Denies Request To Shut Down NLRB

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...

Senate Confirms Five Members to the National Labor Relations Board

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...

Griffin’s Nomination to be NLRB General Counsel to be Voted on by Senate

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...

Griffin Confirmed by the Senate to be NLRB General Counsel

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...

Court Rejects NLRB’s D.H. Horton Decision Invalidating Limits on Class Arbitration

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...

U.S. Supreme Court Hears Oral Arguments in NLRB Quorum Appeal

WASHINGTON, D.C. — The U.S. president has the power to fill vacancies on the National Labor Relations Board during both inter-session and intra-session recesses, the U.S. solicitor general told the U.S. Supreme Court this morning during arguments in a closely watched appeal ( National Labor Relations...

The Debate About College Athletes as Employees Moves to the National Labor Relations Board

On January 28, 2014, players on the Northwestern University football team filed a petition with the National Labor Relations Board ("NLRB") seeking union representation. The petition is the first of its kind and, if successful, the Northwestern football team would be the first group of college...

Non-Union Employers Should Pay Attention to the NLRB - Here's Why

The National Labor Relations Board has taken the position that many garden-variety employment policies violate the law. These rulings place employers in a “ Catch 22 ”—if employers rescind the policies, they could have trouble defending themselves in unemployment cases, wrongful termination...

The National Labor Relations Board 2013 Year in Review - An Overview of the Board’s Significant Actions

by Bruce Bagley and Adam Santucci Introduction From the looks of it, 2013 was a very rough year for the National Labor Relations Board (Board). Last year , we reported that the Board would face some serious legal battles in 2013. Some of those battles are over, and there are clear winners and losers...

NLRB Looks to Expand Reach With Latest Enforcement Priorities

Late last month, the new NLRB General Counsel, Richard Griffin, published a memo ( GC 14-01 ) outlining the matters that the Regions must submit to the NLRB’s Division of Advice for guidance on how to proceed. The memo is of key importance to employers, because it signals those matters that will...

Student Athletes Could…Go…All…The…Way…to the Bank

On Wednesday, the Regional Director for the Chicago Region of the National Labor Relations Board ("NLRB") ruled that football players receiving scholarships from Northwestern University are "employees" for the purpose of the National Labor Relations Act ("NLRA"). This ruling...

Senate Committee Holds Hearing on Nomination of Sharon Block to be a Member of the NLRB

On September 9, 2014, the U.S. Senate’s Health, Education, Labor and Pensions Committee (HELP) conducted a hearing on the nomination of Sharon Block, a Democrat, to once again be a Member of the National Labor Relations Board. She was nominated to take the place of Nancy Schiffer, a Democrat, who...

The NLRB’S Designs to Re-Define Joint Employer

by Todd L. Sarver Are you a franchisor? Do you have contractors? Do you use a staffing agency? Do you outsource functions (food service, cleaning, security, etc.)? Do you have affiliate corporate entities you established to operate separately? Do you have a vertically integrated operation? If you...

Senate Committee to Hold Confirmation Hearing on McFerran NLRB Nomination

The U.S. Senate’s Health, Employment, Labor and Pensions Committee (HELP) has set a full committee hearing for November 20, 2014, on the nomination of Lauren McFerran to be a Member of the National Labor Relations Board. She was just nominated by the President on November 12, 2014. Assuming...

Democrat McFerran Approved by Senate HELP Committee to Be NLRB Member

On December 2, 2014, the Senate Health, Education, Labor, and Pensions (HELP) Committee approved the nomination of Democrat Lauren McFerran to serve as a Member of the NLRB. Her nomination now goes to the Senate floor for consideration. It would appear she will be confirmed during the lame duck session...