Split Supreme Court: NLRB Must Have At Least 3 Members For Ruling

WASHINGTON, D.C. - (Mealey's) The National Labor Relations Board must maintain a membership of at least three members to exercise any authority delegated by the full board, a closely divided U.S. Supreme Court ruled June 17 ( New Process Steel, L.P. v. National Labor Relations Board , No. 08-1457...

Feds Settle Case Of Woman Fired Over Facebook Site

WASHINGTON, D.C. - (AP) Employers should think twice before trying to restrict workers from talking about their jobs on Facebook or other social media. That's the message the government sent on Monday as it settled a closely watched lawsuit against a Connecticut ambulance company that fired an employee...

NLRB Will Sue Arizona, South Dakota Over Union Laws

WASHINGTON, D.C. - (AP) The National Labor Relations Board says it will move ahead with lawsuits seeking to invalidate state constitutional amendments in Arizona and South Dakota that require workers to hold secret ballot elections before a company can be unionized. The move comes after months of negotiations...

16 AGs Weight In On NLRB's Lawsuit Against Boeing

COLUMBIA, S.C. - (AP) Attorneys general in 16 states weighed in Thursday on a federal lawsuit filed by the National Labor Relations Board, alleging that its complaint against Boeing Co. for building a South Carolina assembly plant hurts states' abilities to keep manufacturing jobs. The 16 attorneys...

Abbey Spanier LLP: California Court Chips Away At Employees' Right To Bring Class Actions

Recently we posted in NLRB Finds Class Action Litigation Protected Activity Under NLRA that employees' right to pursue litigation collectively in a class action had been upheld by the National Labor Relations Board (NLRB). Unfortunately, although the D.R. Horton , Inc. decision was issued only a...

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 collective...

Williams Mullen: D.C. U.S. Court of Appeals Pushes Back At NLRB, President Obama

By David C. Burton Once again the National Labor Relations Board has been found to have issued a decision without the statutorily mandated three member quorum. On January 25, 2013, the United States Court of Appeals for the District of Columbia found that the National Labor Relations Board's decision...

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...

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 Corp...

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...

Ballard Spahr LLP: 5th Circuit Rejects NLRB Ruling Invalidating Class Action Waivers In Arbitration Agreements

By Steven W. Suflas, Mark J. Levin and Erin K. Clarke On December 3, 2013, the U.S. Court of Appeals for the Fifth Circuit rejected the National Labor Relations Board’s (NLRB) ruling that an employer violates the National Labor Relations Act (NLRA) by requiring employees to waive their rights...

Williams Mullen: In Rebuff To Labor Board, 5th Circuit Sustains Arbitration Agreements With Class Action Waivers

By David C. Burton , Beth Hirsch Berman and J. Nelson Wilkinson In recent years, employers have faced increased, and increasingly expensive, class action litigation from current and former employees. In response, many employers have turned to arbitration agreements with class-action waivers as...