by Joseph U. Leonoro
The National Labor Relations Board (the "Board") has been
a hot topic on this blog in 2011, so it's not surprising we are still talking
about them as the year comes to a close.
Back in the summer, the Board proposed significant
changes to the rules interpreting...
Patrick Finegan and Lindsey
In the past month, there has been a flurry of activity
related to the National Labor Relations Board. Below is a summary of four
of the most recent and important events.
NLRB Majority Finalizes Union Election
Rule; Sparking Controversy...
Overview of the Board's Significant Decisions and Other Actions
D. Bagley, Esq . and Adam L.
By all accounts, 2011 was a busy year for the National
Labor Relations Board ("Board"). In 2011, the Board saw a 17
percent increase in filings...
In a press release issued July 2, 2012, NLRB Acting General Counsel Lafe Solomon announced that he is considering another proposal to reorganize Regional Offices. Previously, Solomon announced proposed consolidations involving St. Louis, Peoria, and Winston-Salem offices.
Under the latest proposal...
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...
On September 5, 2012, U.S. District Court Judge Frederick J. Martone ruled that an Arizona state constitutional amendment addressing how employees choose a union was not on its face preempted by the National Labor Relations Act. The NLRB had filed suit in federal court in Phoenix, Arizona in 2011, challenging...
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...
Remember that one little bone that the National Labor Relations Board threw to employers on social media policies? The guidance was generally atrocious, but in the last memorandum of the Acting General Counsel a policy developed by Walmart was approved and attached.
I've suggested that employers...
On September 26, 2012, U.S. Senate Minority Leader, Mitch McConnell, announced that he and 41 other Senators had filed an amicus curiae brief in the U.S. Court of Appeals for the District of Columbia in Noel Canning v. NLRB , Nos. 12-1115, 12-1153, challenging the constitutionality of the recess appointments...
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...
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...
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...
On April 9, 2013, President Obama announced his intent to
nominate three additional persons to serve as Members of the National Labor
Relations Board. If confirmed, this would bring the number of Board Members to
five, including two recess appointments.
The three persons to be nominnated are: Current...
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
A few months ago, I blogged about the NLRB's opposition to confidentiality
provisions in workplace investigation policies . Now, the NLRB has issued a new advice memorandum briefly addressing the issue.
The key takeaway here is that:
[T]he Employer cannot maintain a blanket rule regarding...
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...
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...
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...