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.

read more…

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.”

read more…

Fast-food worker strikes, ‘alt-labor’ movement spreading

May 16, 2013 - by: Tammy Binford 0 COMMENTS

A wave of strikes by fast-food and other low-wage workers continues to spread in major cities around the country as employees take action to increase their pay and gain other workplace rights and benefits. Strikes have taken place in New York City, Chicago, St. Louis, Detroit, and Milwaukee as the movement appears to be gaining strength.

The workers are not unionized and work in jobs traditionally not targeted by labor unions because the fast-food industry often relies on teen workers holding part-time and seasonal jobs. Since the recession, however, more adults with families have turned to jobs in the fast-food industry.

read more…

Business groups applaud ruling against NLRB poster

May 08, 2013 - by: Tammy Binford 0 COMMENTS

Probusiness groups are cheering a new ruling from the U.S. Court of Appeals for the District of Columbia Circuit that represents another blow to the National Labor Relations Board (NLRB). The appeals court, which issued another ruling against the NLRB in January, ruled on May 7 that the Board exceeded its authority in its effort to require employers to post a notice of employee rights under the National Labor Relations Act.

The NLRB issued the rule in 2011, but it was never implemented because of court challenges. Had it gone into effect, all employers under NLRB jurisdiction—including nonunion employers—would have been required to post an 11-by-17-inch 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 any of those activities.

read more…

ECN attorneys get updates from top Washington officials, observers

April 17, 2013 - by: Tammy Binford 0 COMMENTS

The Employers Counsel Network (ECN), a group of attorneys from all 50 states, Washington, D.C., and Canada who specialize in employment law matters, is meeting April 24-26 in Alexandria, Virginia, to learn about the latest developments from Congress and the Obama administration that are of importance to employers.  

The attorneys, who represent employers on all types of workplace issues, will hear speakers outline the latest developments affecting employers, including presentations from government officials representing the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA), and the National Labor Relations Board (NLRB).

read more…

Categories: DOL / EEOC / NLRB / OFCCP / OSHA

Tags:

Obama urges swift confirmation of new NLRB nominees

April 09, 2013 - by: Tammy Binford 0 COMMENTS

The National Labor Relations Board (NLRB), crippled by a January court ruling against two recess appointees, has the potential to get back to full strength if the Senate confirms nominations President Barack Obama made April 9. Previous attempts to fill the NLRB have failed over congressional opposition to Board actions and Obama’s nominees.

On April 9, Obama nominated Republicans Harry I. Johnson, III, and Philip A. Miscimarra along with Democrat Mark Gaston Pearce. Pearce is the current NLRB chair. His term is set to expire August 27. Johnson and Miscimarra are both management-side employment attorneys.

read more…

NLRB wants Supreme Court review of recess appointments decision

March 14, 2013 - by: Tammy Binford 0 COMMENTS

The National Labor Relations Board (NLRB) announced on March 12 it will ask the U.S. Supreme Court to review an appeals court decision that says the appointment of two Board members is invalid.

In consultation with the Justice Department, the NLRB said it intends to file a petition by the April 25 deadline for Supreme Court review.

On January 25, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in Noel Canning v. NLRB that President Barack Obama acted unconstitutionally when he made three recess appointments to the Board on January 4, 2012.

read more…

Court ruling puts NLRB future in jeopardy

January 25, 2013 - by: Tammy Binford 0 COMMENTS

A court ruling has put the brakes on the National Labor Relations Board (NLRB) and possibly invalidated decisions the Board has made for the last year.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled on January 25 that President Barack Obama acted unconstitutionally when he made three recess appointments to the NLRB on January 4, 2012.

The court’s ruling is seen as good news for employers because it seems to thwart what many in the business community see as the NLRB trying to rewrite labor law to benefit unions.

read more…

NLRB ruling ends proemployer automatic exemption

December 31, 2012 - by: Tammy Binford 0 COMMENTS

A recent ruling from the National Labor Relations Board (NLRB) means employers are no longer automatically exempted when unions ask them to turn over witness statements related to employee discipline.

Now, the employer’s confidentiality interest must be balanced with the union’s need for information. The American Baptist Homes of the West d/b/a Piedmont Gardens case overruled the Board’s 1978 decision in Anheuser-Busch, Inc., which established a categorical exemption for witness statements in such cases.

In the Piedmont case, the NLRB’s acting general counsel and the charging party argued that the bright-line rule established in 1978 was “inappropriate.” The Board agreed, finding it should instead apply a balancing test articulated by the U.S. Supreme Court’s decision in Detroit Edison Co. v. NLRB, which was decided in 1979.

read more…

New NLRB website highlights “protected concerted activity”

June 19, 2012 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

The National Labor Relations Board (NLRB) is continuing efforts to broaden its impact on the workforce with the launch of a webpage aimed at communicating to workers how they can use the law in disputes with their employers.

The webpage is the latest of several recent NLRB moves that many employers find alarming. In recent months, it has tried to require most employers to post a notice of worker rights ensured by the National Labor Relations Act (NLRA), and it has tried to shorten the process required to hold union elections. In addition, the Board has come out with information on when employee comments in social media constitute activity protected under the law.

read more…

Categories: Labor organization / NLRA / NLRB

 Page 5 of 9  « First  ... « 3  4  5  6  7 » ...  Last »