In 2001, the NLRB held that a
hotel/casino had violated the NLRA by refusing to allow Ark's off-duty
employees to handbill the hotel's customers at the entrance to the hotel and at
the entrances to Ark's restaurants. In March 2011, the NLRB, split 3-1, again
concluding that the hotel/casino's...
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...
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 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...