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Category Archives: EFCA

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AFL-CIO’s Trumka: Card Check Will Become Law in President Obama’s Second Term

Posted in EFCA, White House
Politico’s 44 blog quotes a piece by the Atlantic’s Molly Ball, highlighting AFL-CIO President Richard Trumka’s recent assertion that organized labor has not given up on the Employee Free Choice Act. Trumka tells Ball that the card-check legislation to facilitate private sector unionization will be enacted if President Obama is re-elected: I note that Trumka … Continue Reading

Sen. Arlen Specter Dies: Opposed Cloture, Ending Viability of EFCA; Sought Alternative Reform of NLRA

Posted in EFCA, Senate
Former Senator Arlen Specter passed away on Sunday. Per the Washington Post: For most of his 30 years as Pennsylvania’s longest-serving U.S. senator, Specter was a Republican, though often at odds with the GOP leadership. His breaks with his party were hardly a surprise: He had begun his political career as a Democrat and ended … Continue Reading

Senate Rejects Resolution to Block National Labor Relations Board’s “Quickie” Election Rule

Posted in EFCA, Legislation, NLRB Rule-Making, Representation Elections, Senate
Yesterday and today the Senate debated and voted on S.J. Res 36, a Resolution of Disapproval aimed at prohibiting the National Labor Relations Board from implementing its new election rules that will shorten the time between the filing of an NLRB petition and the conduct of a union representation election. The Senate rejected the resolution … Continue Reading

NLRB to Vote on Elements of Proposed “Quickie Election” Rules on November 30th

Posted in EFCA, Legislation, NLRB Administration, NLRB Rule-Making, Representation Elections, SCOTUS
The National Labor Relations Board announced today that it has scheduled a vote on whether to adopt “a small number” of the changes to its election procedures that the Board proposed back in June.  According to the Board, “[t]he proposed amendments are intended to reduce unnecessary litigation, streamline pre- and post-election procedures, and facilitate the … Continue Reading

Professor Issues New Study Purportedly in Support of “Quickie” Elections

Posted in EFCA, NLRB Rule-Making, Representation Elections, Unfair Labor Practices
On the heels of the National Labor Relations Board’s proposed rulemaking to shorten the time period between the filing of a representation petition and the holding of an election, Cornell Professor Kate Bronfenbrenner has issued a new study entitled "The Empirical Case for Streamlining the NLRB Certification Process: The Role of Date of Unfair Labor Practice … Continue Reading

More on NLRB’s Proposal to Expedite Union Representation Elections

Posted in EFCA, NLRB Rule-Making, Representation Elections
As reported earlier, the National Labor Relations Board tomorrow will officially publish a Notice of Proposed Rulemaking to drastically shorten the time for union representation elections.  While legislators were unable to eliminate the time between petition and representation election entirely via the failed push for the Employee Free Choice Act, there have consistently been proponents … Continue Reading

NLRB To Issue Proposed Rulemaking for “Quickie” Elections

Posted in EFCA, NLRB Rule-Making, Representation Elections
As has been expected, for quite some time now, the National Labor Relations Board tomorrow will officially publish a Notice of Proposed Rulemaking to drastically shorten the time for union representation elections. According to the NLRB’s fact sheet, "[t]he proposed amendments are intended to reduce unnecessary litigation, streamline pre- and post-election procedures, and facilitate the … Continue Reading

Public Interest Group and 34 Arizona Employees Seek to Intervene in NLRB’s Lawsuit Against Arizona

Posted in EFCA, Federal Court Litigation, NLRA, Representation Elections, State/Local Issues
On June 9, 2011, the nonprofit organization Save Our Secret Ballot and 34 individuals moved to intervene as defendants in the National Labor Relations Board’s lawsuit against the State of Arizona challenging Article 2 § 37 of the Arizona Constitution.  That state constitutional provision, passed by voter referendum last year, requires a guarantee of a … Continue Reading

WaPo Opinion: “Labor’s Hail Mary Pass”

Posted in EFCA, House of Representatives, Legislation, NLRA, Senate, Unions, White House
In today’s Washington Post, columnist Harold Meyerson chronicles frustration with the state of the labor movement in America and the resulting shift in the organizing strategy of the AFL-CIO and the SEIU.  In "Labor’s Hail Mary Pass," he asserts this shift "reflects a belief that the American labor movement may be on the verge of extinction and must radically … Continue Reading

National Labor Relations Board Sues Arizona Over Secret Ballot Amendment

Posted in EFCA, Federal Court Litigation, Legislation, NLRA, NLRB Misc., Representation Elections, State/Local Issues
The National Labor Relations Board this afternoon filed suit against the State of Arizona in the federal District Court for the District of Arizona.  Consistent with its previous announcement of its intent to do so, the Board is seeking a Declaratory Judgment proclaiming Arizona Constitution Article 2 § 37 pre-empted by the National Labor Relations Act.  Article … Continue Reading

NYT: National Labor Relations Board to Sue Arizona, South Dakota Over Anti-Card-Check Amendments

Posted in EFCA, Federal Court Litigation, House of Representatives, Legislation, NLRA, NLRB Misc., Representation Elections, Senate, State/Local Issues
Steven Greenhouse writes in the New York Times that the National Labor Relations Board plans to proceed with lawsuits against two of the four states it threatened earlier this year over state constitutional amendments to ban union recognition by card-check.  On January 14, 2011, Acting General Counsel Lafe Solomon advised the Attorneys General of Arizona, … Continue Reading

No Joke: NLRB Chairman Giving “Active Consideration” to Rulemaking For Quicker Elections

Posted in EFCA, House of Representatives, NLRB Administration, NLRB Rule-Making, Representation Elections
This past April Fool’s Day, labor relations consultant Phil Wilson raised eyebrows and heart rates with his gag e-mail announcing that the National Labor Relations Board had adopted implemented a new 5-day timetable for union representation elections.  Our post the next day: So, while LRI’s April Fool’s e-mail alert was a well-designed prank on employers and the management bar, none of us … Continue Reading

Proposed Change to NLRB Election Procedure? Just Kidding!

Posted in EFCA, Legislation, NLRB Administration, Representation Elections
Some of you may have received an e-mail alert yesterday from labor consultant Phil Wilson at LRI with the Subject line “Breaking News: NLRB Implements 5-Day Elections.” This was enough to raise the heart rates of many labor professionals around the country. The body of the email explained that the NLRB’s Representation Casehandling Manual was being changed … Continue Reading

Secret Ballot Protection Act Introduced in House

Posted in EFCA, House of Representatives, Legislation, Representation Elections, Senate
Chairman of the House HELP Sub-Committee, Rep. Phil Roe (R-TN) has introduced the Secret Ballot Protection Act (H.R. 972).  Back on January 27, 2011, Senator Jim DeMint (R-SC) introduced the Senate version of the bill (S. 217).  Rep. Roe’s bill tracks Senator DeMint’s bill, and the language of the bill as introduced in previous sessions of Congress. … Continue Reading

Attorneys General in Four States Respond to NLRB Regarding Secret Ballot Laws

Posted in EFCA, Legislation, NLRB Administration, State/Local Issues
In case you missed the reference by Senator DeMint (D-SC) included in our post yesterday, the Attorneys General of Arizona, South Carolina, South Dakota and Utah have filed a joint letter in response to NLRB Acting General Counsel Lafe Solomon’s recent invitation to address the constitutionality of the states’ secret ballot amendments.  The letter from the … Continue Reading

Senator DeMint Introduces Secret Ballot Protection Act in Senate

Posted in EFCA, Legislation, Representation Elections, Senate, State/Local Issues
Senator Jim DeMint (R-South Carolina) today introduced the Secret Ballot Protection Act (SBPA), a bill intended to "guarantee the right of every American worker to have a secret ballot election on whether to unionize."  While the full text is not yet available, versions of this bill introduced in earlier sessions of Congress would have made … Continue Reading

NLRB’s Acting General Counsel Announces Another Expansion of Remedies: Reading Notices, Union Access to Bulletin Boards, Employee Contact Info

Posted in EFCA, NLRB Rule-Making, Remedies, Unfair Labor Practices
The Employee Free Choice Act appears completely dead — not just "mostly dead," as it is unlikely to make the lame duck Congressional agenda as many feared.  Yet, the National Labor Relations Board continues its recent efforts to expand traditional Board remedies administratively without the passage of new legislation.  Today, Acting General Counsel Lafe Solomon … Continue Reading

NLRB Grants Default Judgment Pursuant to Settlement Agreement Language

Posted in EFCA, NLRB Decisions, Remedies, Unfair Labor Practices
The Employee Free Choice Act provision which garnered the least attention during the legislative push for the bill during the last several years was the section expanding remedies under the National Labor Relations Act.  After EFCA’s future prospects appeared particularly dim, back in February 2010, we speculated in a Bloomberg Law Reports piece that the National … 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

Voters Approve Secret Ballot Measures In Four States

Posted in EFCA, Legislation, State/Local Issues
Amid the various Election 2010 returns, NAM’s Shopfloor.org reports on the passage of ballot initiatives in four states to require secret ballots in union representation elections: In a multistate rebuke to organized labor, voters in four states are approving measures to reaffirm the sanctity of the secret ballot. No Employee Free Choice Act for us, … Continue Reading

NYT: Unions Fear GOP Election Wins

Posted in EFCA, House of Representatives, Legislation, Media Round-Up, NLRB Rule-Making, Senate
In today’s New York Times, labor beat writer Steven Greenhouse has a piece entitled "Unions Fear a Rollback of Rights Under Republicans."  The article cites concerns by the leaders of AFSCME and the AFL-CIO that Republican Congressional majorities would pursue legislation contrary to union interests. One such item mentioned is the Secret Ballot Protection Act — a … Continue Reading

NLRB Acting General Counsel Announces Effort to Enhance Pursuit of 10(j) Injunctions in Discharge Cases

Posted in EFCA, Federal Court Litigation, NLRA, NLRB Administration, Remedies, Unfair Labor Practices
NLRB Acting General Counsel Lafe Solomon has announced an initiative to increase the consideration and pursuit of Section 10(j) injunctive relief in so-called “nip-in-bud” cases, including employee terminations during a union organizing campaign. According to the announcement: …in all cases found meritorious the General Counsel’s office will consider seeking a federal injunction that would compel … Continue Reading

President Tells AFL-CIO That EFCA, Labor Agenda Are Alive and Well

Posted in EFCA, Legislation, Presidential Appointments, Senate, Unions, White House
President Obama spoke on Wednesday to the AFL-CIO’s executive council in Washington D.C. While organized labor has expressed frustration at times by the White House’s seeming inability to advance its major labor agenda initiatives, the President highlighted the things his administration has achieved. According to The Hill: The president said his administration is enforcing labor provisions … Continue Reading