NLRB sets public meeting on proposed changes to union election rules

February 26, 2014 - by: Tammy Binford 0 COMMENTS

The National Labor Relations Board (NLRB) has set two days of meetings in April to hear opinions on proposed changes to rules governing union representation elections.

The NLRB will meet for April 10-11 at its headquarters in Washington, D.C., to allow members of the public to present their views on what probusiness interests have labeled “quickie” election rules. Additional days of meetings may be scheduled for April 8 and/or 9, according to an announcement from the Board.

Those interested in speaking during the meeting must submit a request to the NLRB no later than March 10. If there are more requests to speak than there are available time slots, the available time will be allocated based on the content of the requests so that a variety of viewpoints will be represented, the Board says.

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Volkswagen’s Chattanooga workers reject UAW representation

by Bart Sisk, David Jaqua, and Valeria Gomez

The votes are in, and the wait is over. In what can only be characterized as a major setback for organized labor, Volkswagen’s Chattanooga employees have voted to reject union representation by the United Auto Workers union (UAW).  

Eighty-nine percent of Volkswagen’s Chattanooga employees participated in the election, which was conducted by the National Labor Relations Board (NLRB) and took place on February 12-14. With 53 percent of workers voting against UAW representation, the union lost the election by a vote of 712-626. Through a press release issued by Volkswagen, Frank Fischer, CEO and chairman of Volkswagen Chattanooga, announced, “Our employees have not made a decision that they are against a works council. Throughout this process, we found great enthusiasm for the idea of an American-style works council both inside and outside our plant. Our goal continues to be to determine the best method for establishing a works council in accordance with the requirements of U.S. labor law to meet VW America’s production needs and serve our employees’ interests.”

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NLRB resurrects proposal on speeding up union elections

February 05, 2014 - by: Tammy Binford 0 COMMENTS

The National Labor Relations Board (NLRB) is reprising its 2011 effort to change the rules related to union representation—an effort that sparked opposition from employers then and will surely do so again.

A statement from the NLRB says that in substance, the proposed amendments are identical to the representation procedure changes first put forth in June 2011. The proposed amendments were struck down in 2012 when a federal district court judge in Washington, D.C., cited the lack of an NLRB quorum.

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Employer groups applaud demise of NLRB poster rule

January 08, 2014 - by: Tammy Binford 0 COMMENTS

The National Labor Relations Board (NLRB) has decided not to seek U.S. Supreme Court review of two appeals court decisions against a posting rule, and probusiness groups are claiming victory.

In 2011, the NLRB issued a rule that would have required all employers under Board jurisdiction—including nonunion employers—to display a poster explaining that employees have the right to act together to improve wages and working conditions; to form, join, and assist a union; to bargain collectively with their employer; and to refrain from those activities. The rule was never implemented because of court challenges.

The U.S. Court of Appeals for the District of Columbia Circuit ruled against the poster requirement in May 2013, and the 4th Circuit did the same in June.

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Senate vote puts NLRB at full strength

July 31, 2013 - by: Tammy Binford 0 COMMENTS

The U.S. Senate’s July 30 vote to confirm nominees for all five seats of the National Labor Relations Board (NLRB) means the Board will have a full slate of confirmed members for the first time in more than a decade.

Republicans Harry I. Johnson III and Philip A. Miscimarra and Democrats Kent Hirozawa and Nancy Schiffer were confirmed for first-time membership on the Board. The Senate also voted to confirm current Board Chairman Mark Gaston Pearce for a second term. His first term expires on August 27.

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Senate ready to take up NLRB nominations

July 25, 2013 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

The full Senate is expected to vote on all five nominations to the National Labor Relations Board (NLRB) within the next few days, a move that could give the NLRB its full membership confirmed by the Senate for the first time in more than a decade.

The Senate Committee on Health, Education, Labor, and Pensions held a hearing on the nominations of Democrats Kent Hirozawa and Nancy Schiffer on July 23, and on July 24, it voted 13-9 to send their nominations to the full Senate.

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Potential deal in works to fill NLRB seats

July 17, 2013 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

With the clock ticking on the term of the only confirmed member of the National Labor Relations Board (NLRB), reports are circulating that President Barack Obama will send two new nominees to the Senate and abandon his two previous appointees, who face opposition because of their disputed recess appointment status.

On July 16, news organizations reported that Obama plans to nominate Nancy Schiffer, former associate general counsel of the AFL-CIO, and Kent Hirozawa, chief counsel to NLRB Chairman Mark Gaston Pearce, the only current member who has been confirmed by the Senate. Pearce’s term expires on August 27, but he has been nominated for a new term.

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High court agrees to hear NLRB recess appointments case

June 24, 2013 - by: HR Hero 0 COMMENTS

The U.S. Supreme Court has agreed to hear an appeal in Noel Canning v. NLRB.

In the Noel Canning case, the U.S. Court of Appeals for the District of Columbia Circuit ruled that three of President Barack Obama’s so-called recess appointments to the National Labor Relations Board (NLRB) were unconstitutional. Without the three appointees, the Board lacked a necessary quorum to act. Thus, the D.C. Circuit’s ruling raised questions about the validity of hundreds of NLRB actions, including union-friendly decisions on social media, confidentiality rules, and off-duty employees’ access to workplaces.

The U.S. Constitution provides that the Senate must consent to the president’s nominees to federal agencies. The Constitution gives the president the authority to fill vacancies that “may happen” during the Senate’s recess that “shall expire at the end of the next session.”

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Another NLRB recess appointment ruled invalid

May 20, 2013 - by: Tammy Binford 0 COMMENTS

Nearly four months after an appeals court ruled that recess appointments to the National Labor Relations Board (NLRB) made in 2012 were invalid, another appellate court has ruled a previous recess appointment unconstitutional.

The U.S. 3rd Circuit Court of Appeals ruled May 16 in NLRB v. New Vista Nursing & Rehab. that President Barack Obama’s 2010 recess appointment of Craig Becker to the NLRB was invalid. Becker, a Democrat, served on the Board from April 5, 2010, through January 3, 2012.

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NLRB nominees face opposition during Senate committee hearing

May 17, 2013 - by: Tammy Binford 0 COMMENTS

On May 16, President Barack Obama’s nominees to the National Labor Relations Board (NLRB) went before the Senate Health, Education, Labor and Pensions Committee, and the two nominees who were selected as recess appointees in 2012 failed to impress the committee’s ranking member, Senator Lamar Alexander.

Alexander (R-Tennessee) said he would oppose the nominations of Democrats Sharon Block and Richard Griffin because “they continued to decide cases after the federal appellate court unanimously decided they were unconstitutionally appointed.”

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