Employer groups applaud demise of NLRB poster rule

January 08, 2014 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 ready to take up NLRB nominations

July 25, 2013 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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Obama urges swift confirmation of new NLRB nominees

April 09, 2013 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.

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Court ruling puts NLRB future in jeopardy

January 25, 2013 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.

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