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It appears the National Labor Relations Board (NLRB) has started to lay the groundwork for off-site Internet elections for employees to determine whether they wish to be represented by a union. The first sign of this development was a Request for Information (RFI) published by the NLRB on June 9, 2010. In the RFI, the […]
On March 27, President Barack Obama announced his intent to use his constitutional power to make appointments while Congress is in recess to appoint Democrat Craig Becker to the National Labor Relations Board (NLRB). This is the first time the President has used recess appointments. Becker, a union attorney, has been a controversial nominee since […]
On Tuesday, U.S. Senate Republicans (along with two Democrats) used a filibuster to block Craig Becker’s nomination to the National Labor Relations Board (NLRB). In a 52-33 vote, the Democrats fell short of the 60 votes needed to end the Senate debate on Becker’s nomination and move to a final vote. Senators Ben Nelson (D-Nebraska) […]
The National Labor Relations Board (NLRB) celebrated the 75th anniversary of the National Labor Relations Act (NLRA), which created the Board. Commenting on the stalled so-called Employee Free Choice Act (EFCA), Chairman Wilma Liebman noted that congressional inaction on the EFCA may contribute to the “flip-flopping” with which the Board has been accused. She also […]
Senator Arlen Specter, the Republican-turned-Democrat from Pennsylvania, announced on Tuesday, September 15, 2009, at the AFL-CIO convention that he expects Congress to pass a version of the Employee Free Choice Act (EFCA) before the end of the year. He referenced a compromise of the controversial bill that he has been working on and added, “We […]
Through the first part of the summer, there were no major developments regarding the Employee Free Choice Act (EFCA). Essentially, both sides were maintaining the same positions. There have been, of course, occasional releases of “studies” and proposals by ostensibly neutral parties, but those volleys were the political equivalent of random shots exchanged by military […]
by Mark I. Schickman We have been telling you about a big legislative change to the federal labor law around the corner, titled the Employee Free Choice Act (EFCA). If passed (which appears likely), it will require labor union recognition based on employee petitions without any union election. Of course, that move all but eliminates […]
The changes promised by the Obama administration are beginning to take hold at the federal agencies regulating the workplace. Typically, the change in leadership can be a strong predictor of the changes in policies and directions that will be pursued by a new administration. Not surprisingly, the changes that already have occurred suggest that we […]
by Al Vreeland As with old girlfriends, we don’t always appreciate what we have in life until we don’t have it anymore. Employers have enjoyed pretty smooth sailing for almost a decade now. The feds have imposed relatively few new regulations, the courts have looked at most employment lawsuits with a skeptical eye, and unions […]
(Updated April 2009) by Boyd Byers Writer Sebastian Junger coined the phrase “perfect storm” to describe the simultaneous occurrence of different weather phenomena that combine to create a powerful nor’easter (a storm blowing from the northeast). Is a confluence of cultural, economic, and political events whipping up a perfect storm for employment law claims? Many […]