Labor Relations Today

Labor Relations Today

Category Archives: Bush Board Reversal

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With the Mid-Term Elections No Longer a Concern, Expect Flurry of Activity by the NLRB Before Schiffer’s Term Expires

Posted in Amici Briefs, Bush Board Reversal, House of Representatives, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Presidential Appointments, Senate
481384017National Labor Relations Board Member Nancy Schiffer’s term expires December 16, 2014. With the mid-term elections out of the way and given the uncertainty of how a Republican-controlled Congress next year could affect the Board majority’s agenda, it is expected that the NLRB will issue decisions addressing significant issues as well as finalize the NLRB’s … Continue Reading

NLRB Postpones Creation Of Employee Right To Use Employer E-Mail For Union Activity

Posted in Bush Board Reversal, NLRA, NLRB Decisions, NLRB Rule-Making, Representation Elections
On April 30, 2014, the National Labor Relations Board invited submission of amicus briefs in the case of Purple Communications, Inc. (Cases 21-CA-095151; 21-RC-091531; and 21-RC-091584), as it considered whether to overrule precedent to create an employee right to use an employer’s electronic mail systems for union activity. The administrative law judge, relying on Register … Continue Reading

NLRB Invites Briefs on Employee Use of Employer’s Electronic Communication Systems

Posted in Amici Briefs, Bush Board Reversal, NLRA, Unfair Labor Practices
As noted back in February, the National Labor Relations Board’s General Counsel’s prosecutorial priorities included cases involving employees’ use of an employer’s email system. Currently, the Board’s Bush-era Register Guard decision governs these decisions, holding essentially that employers can issue a blanket-ban on employees using email systems for non-work purposes if that blanket-ban is non-discriminatory and consistently applied. The General … Continue Reading

Board GC Advice Memo Telegraphs NLRB Prosecutorial Priorities

Posted in Bush Board Reversal, NLRB Administration, NLRB Decisions
This past Tuesday, National Labor Relations Board General Counsel Richard F. Griffin issued Memorandum GC 14-01, wherein Griffin outlines matters that Regions must submit to the NLRB’s Division of Advice for guidance as to how to proceed.  The memorandum is of special interest to employers because it provides important clues as to the General Counsel’s prosecutorial priorities going forward.  With … Continue Reading

College Athletes to Unionize? More on the Northwestern University Football Players NLRB Petition

Posted in Bush Board Reversal, NLRA, NLRB Decisions, Representation Elections, State/Local Issues, Unions
On January 28, 2014, college students who play football at Northwestern University in Evanston, Illinois filed a petition with the National Labor Relations Board’s (the "NLRB") Chicago Region to form a labor union.  The players’ filing asserts their desire to affiliate with the College Athletes Players Association (the "CAPA"), an entity currently receiving both technical … Continue Reading

Labor Relations Today Releases ‘Labor Law 2013: A Year in Review’

Posted in Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Filibuster, Government Contracting, House of Representatives, Legislation, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
MLA labor attorneys are pleased to announce the publication of Labor Law 2013: A Year In Review.  This marks the third straight year that we have produced this annual review of developments in traditional labor law and labor-management relations.  2013 began with unprecedented uncertainty, as several federal courts repudiated the authority of the National Labor Relations Board … Continue Reading

NLRB General Counsel Nominee Before Senate Committee This Morning

Posted in Bush Board Reversal, Federal Court Litigation, NLRB Administration, Presidential Appointments, Senate, White House
At 10:00 this morning, the Senate Health, Education, Labor & Pensions Committee will convene a hearing in Executive Session for consideration of President Obama’s nomination of Richard Griffin to serve as General Counsel of the National Labor Relations Board. The General Counsel serves a 4-year term, and  is responsible for the investigation and prosecution of unfair … Continue Reading

NLRB Issues Decisions Barring Decertifcation Petitions Following Voluntary Union Recognition, Mergers or Acquisitions

Posted in Bush Board Reversal, NLRB Decisions, Representation Elections
As Chairman Wilma Liebman’s term wound down to a close, late last week, the National Labor Relations Board issued a number of significant decisions reversing Board decisions from earlier administrations. Two of these — Lamon’s Gasket Co., 357 NLRB No. 72 (Aug. 26, 2011) and UGL-UNICCO Service Co., 357 NLRB No. 76 (Aug. 26, 2011) — … Continue Reading

Two New General Counsel Memoranda Seek to Expand NLRB’s Financial Remedies

Posted in Bush Board Reversal, NLRB Administration, NLRB Decisions, Remedies
Late last week, NLRB Acting General Counsel Lafe Solomon issued two Memoranda regarding expanded powers of the Board when it comes to monetary remedies.  Memorandum GC 11-08 (March 11, 2011) outlines new methods for calculating backpay in Board cases.  First, it explains how Regions are to compute backpay to include interest compounded daily, consistent with the Board’s change … Continue Reading

Summarizing Today’s House Hearings on Recent NLRB Activity

Posted in Bush Board Reversal, House of Representatives, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making
If you missed the hearings held this morning by the House Committee on Education and the Workforce, and weren’t able to follow our live-Tweet stream of the proceedings, you can watch the archived webcast here. In his opening statement, Chairman Rep. Phil Roe (R-TN) introduced the hearing thus: That is why today’s discussion about the … Continue Reading

LRToday in WaPo: “Significant Labor Law Changes Will Bypass Congress”

Posted in Bush Board Reversal, Executive Orders, Government Contracting, Legislation, Media Round-Up, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Remedies, White House
Today’s Washington Post‘s "Capital Business" section published a piece I wrote about what to expect from labor law developments during the coming months.  The intro: When President Obama took office in early 2009, many expected significant legislative changes in the area of traditional labor law to facilitate union organizing in the private sector. But the … Continue Reading

NLRB Dismisses “The Other” Dana Corp. Complaint; Finds Pre-Recognition Agreement Lawful

Posted in Bush Board Reversal, NLRB Decisions
The Board recently sought briefs in Lamon Gasket Co., a case that will reconsider the 2007 Dana Corp. decision, 351 NLRB 434). Under that more notorious Dana decision, when an employer agrees to voluntarily recognize a union based on signed authorization cards, there is a 45 day window in which the employees may file a petition … Continue Reading

NLRB Seeks Briefs in Case Alleging Discriminatory Denial of Union Access to Employer Property

Posted in Bush Board Reversal, NLRA, NLRB Decisions
Last week, the National Labor Relations Board posted a Notice and Invitation to File Briefs in Case 30-CA-17185, Roundy’s Inc. and Milwaukee Building and Trades Council, AFL-CIO. On November 12, 2010, the Board issued a Supplemental Decision and Order finding that the Employer violated Section 8(a)(1) of the National Labor Relations Act by prohibiting Council … Continue Reading

How Will Republican Landslide Impact Major Labor Legislation?

Posted in Bush Board Reversal, EFCA, Executive Orders, House of Representatives, Legislation, NLRB Decisions, NLRB Rule-Making, Remedies, Senate, White House
On Tuesday, Republicans gained a majority in the House, picking up at least 60 seats with several more races remaining too close to call. Republicans also picked up 6 seats in the Senate but fell short of gaining the majority. MLA’s client advisory on the election results is available here. What impact might the significant … Continue Reading

Traditional Labor Law Issues Arising Out of Use of Social Media

Posted in Bush Board Reversal, Media Round-Up, NLRA, Social Media, Unfair Labor Practices
Today’s National Law Journal carries a piece by yours truly regarding the potential labor law implications of the growth of social media use in the workplace.  Many astute observers have written on the intersection of social media with employment and privacy law.  Today’s NLJ piece focuses on traditional labor law principles: As the dramatic growth of social media continues … Continue Reading

Teaching Assistant Case Headed for NLRB Review

Posted in Bush Board Reversal
We noted in May that the UAW had begun the process of challenging a 2004 decision by the National Labor Relations Board related to teaching assistants at private universities. Today the NLRB issued a press release announcing that the Regional Director had dismissed the petition, which sets the stage for the UAW to request that the … Continue Reading

NLRB signals potential changes in electronic notice posting requirements and compound interest on monetary awards

Posted in Bush Board Reversal
The National Labor Relations Board today invited interested parties to submit amicus briefs in two groups of cases. Those cases involve whether an employer should be required to post remedial notices electronically and whether compound interest should be applied to monetary awards ordered by the Board. The request indicates that the Board is considering changing existing law … Continue Reading

U.S. Chamber of Commerce on Labor Agenda Beyond Card-Check

Posted in Bush Board Reversal, Department of Labor, EFCA, Executive Orders, Government Contracting, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Presidential Appointments, Project Labor Agreements, White House
Glenn Spencer, Executive Director of the U.S. Chamber of Commerce’s Workforce Freedom Initiative published a piece yesterday in The Metropolitan Corporate Counsel entitled: "Union Agenda Implemented Behind the Scenes."   In the piece, Spencer outlines a number of items on "the union wish list."  Among the items included in the piece, with some excerpts here, are: NLRB Composition:  … Continue Reading

President Obama’s Appointees, Union Lawyers Craig Becker and Mark Gaston Pearce, Sworn In As National Labor Relations Board Members: What Employers Should Expect

Posted in Bush Board Reversal, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Presidential Appointments, White House
Union-side labor attorneys Craig Becker and Mark Gaston Pearce were sworn in on Wednesday, April 7, 2010, as Members of the National Labor Relations Board. Messrs. Becker and Pearce, Democrats, were the subjects of controversial recess appointments by President Obama on Saturday, March 27, 2010. They join Democrat Chairwoman Wilma Liebman and Republican Member Peter … Continue Reading