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NLRB Appeals Ruling Enjoining its New Regulations Meant to Speed Up Union Elections

On August 1, 2012, we reported that in Chamber of Commerce of the United States, et al. v. National Labor Relations Board , Civil No. 11-2262, the U.S. District Court for the District of Columbia had enjoined on May 14, 2012, the NLRB's implementation of its new regulations relating to speeding up...

D.C. Circuit: Labor Board Lacked Quorum In February 2012

WASHINGTON, D.C. - (Mealey's) The District of Columbia U.S. Circuit Court of Appeals on Jan. 25 declined to enforce a National Labor Relations Board ruling that an employer violated the National Labor Relations Act (NLRA) by refusing to reduce an oral agreement to writing and signing off on a...

Lareau on Noel Canning v. NLRB: D.C. Circuit: NLRB Has Lacked Constitutional Quorum Since the Beginning of 2012

Excerpt: In Noel Canning v. NLRB, 2013 U.S. App. LEXIS 1659 (D.C. Cir. Jan. 25, 2013) [ an enhanced version of this opinion is available to lexis.com subscribers ], the D.C. Circuit invalidated the decision and order of the National Labor Relations Board ("Board") in Noel Canning, holding...

U.S. Supreme Court: No Stay in Union Dispute Despite Questions over NLRB Quorum

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Feb. 6 denied an application for a stay filed by a Connecticut nursing home company in a suit over a union strike in light of questions over the legitimacy of 2012 appointments to the National Labor Relations Board ( HealthBridge Management...

NLRB Decision Means Delays, Not Employer Free-For-All

There has been much crowing and breaking-out-of-champagne on the management side over the recent case saying President Obama's recess appointments to the NLRB were unconstitutional. The case applies to that one NLRB matter and that one only. Other NLRB cases that have pending appeals may...

Obama’s NLRB Continues to Turn the Labor Relations World Upside Down

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...

Third Circuit: President Obama’s NLRB Recess Appointments Unconstitutional

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...

Third Circuit Holds Obama Recess Appointment Unconstitutional

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? Yesterday...

Third Circuit Invalidates President Obama's Recess Appointment to NLRB

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...

NLRB Ratifies Actions of Noel Canning-Era Board

Remember when the Supreme Court held that President Obama's "recess appointments" to the NLRB were actually not recess appointments and therefore unconstitutional (i.e. Noel Canning )? Well, now the NLRB has some cleaning up to do. Yesterday, the NLRB issued a press release explaining that...