Labor Relations Today

Labor Relations Today

Category Archives: Filibuster

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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

Senate Committee Approves Nomination of Richard Griffin to NLRB General Counsel Post

Posted in Federal Court Litigation, Filibuster, NLRB Administration, Presidential Appointments, Senate, White House
As expected, following its hearing yesterday, the Senate Health, Education, Labor & Pensions Committee approved the nomination of Richard Griffin to become General Counsel of the National Labor Relations Board by a largely party-line vote, 13-9.  According to press accounts, HELP Committee Chair Sen. Tom Harkin (D-IA) asserted that the "abundantly qualified" Mr. Griffin’s confirmation… Continue Reading

What to Expect From the Incoming National Labor Relations Board

Posted in Department of Labor, Expedited Elections, Federal Court Litigation, Filibuster, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Representation Elections, SCOTUS, Senate, Unions, White House
Following last week’s deal to avoid the so-called "Nuclear Option," the Senate HELP Committee will hold hearings tomorrow on the newest nominees to the National Labor Relations Board. Assuming the nominees are approved by the committee in a Wednesday morning vote, a full complement of Board Members is likely to be confirmed by the full Senate as early… Continue Reading

Senate Nuclear Option Compromise Opens Door to National Labor Relations Board Confirmations by Next Month

Posted in Federal Court Litigation, Filibuster, NLRB Administration, SCOTUS, Senate, White House
After a long-evolving bit of brinksmanship over the continuing use of the filibuster in the Senate, a deal reportedly has been struck which paves the way for a five-member National Labor Relations Board to be seated near the end of the summer. Numerous media outlets report that the Senate this morning agreed to allow a… Continue Reading

@LRToday Morning Round-Up: July 16, 2013

Posted in Federal Court Litigation, Filibuster, Media Round-Up, Negotiations, NLRB Misc., Presidential Appointments, SCOTUS, Senate, Unions, White House
Third Circuit Tables Becker Appeal Until SCOTUS Ruling: Ben James of Law360 ($$) reports that yesterday, the Third Circuit Court of Appeals decided to place a hold on the National Labor Relations Board’s (NLRB) appeal of the court’s decision holding that former member Craig Becker’s recess appoint was constitutionally improper as it waits for the Supreme Court to rule… Continue Reading

More on HELP Committee Approval of NLRB Nominees

Posted in Filibuster, Media Round-Up, NLRB Administration, Presidential Appointments, Senate, White House
On Wednesday, the Senate HELP Committee voted to advance the nominations of all pending National Labor Relations Board member nominations to the full Senate for confirmation.  Following a hearing, the panel voted unanimously in support of the nominations of Republican appointees Harry I. Johnson, III, and Philip A. Miscimarra; 18-4 in favor of current chairman Democrat Mark… Continue Reading

“Mini-Super Tuesday” Fallout for Card Check

Posted in Card Check, EFCA, Filibuster, Senate
The early results are in from yesterday’s primary contests, and this morning’s talking points focus on the general anti-incumbent trend.  But others, including NAM’s ShopFloor.org, have also noted it was a "Tough Night for the Card Check Crowd." Chief among the figures central to the long-winding evolution of the Employee Free Choice Act is five-term Democrat-turned-Republican-turned-Democrat Senator Arlen… Continue Reading

President Obama Makes Recess Appointments of Two Democratic Appointees to NLRB; Declines to Appoint His Republican Nominee

Posted in Beyond EFCA: Labor's Agenda, EFCA, Filibuster, Media Round-Up, Senate, White House
Earlier today, President Obama announced that he would make recess appointments of nominees Craig Becker and Mark Gaston Pearce to the National Labor Relations Board.  CNN reports that White House deputy communications director Jen Psaki highlighted these appointments: "The roadblocks we’ve seen in the Senate have left some government agencies like the National Labor Relations Board… Continue Reading

Media Round-Up: Senate Recess

Posted in Alternative Labor Law Reform, EFCA, Filibuster, Media Round-Up, Senate, White House
As the Senate Recess begins, observers continue to speculate whether President Obama will use recess appointments to place nominee Craig Becker on the National Labor Relations Board.  Last week, Becker’s nomination stalled in the Senate when a motion for cloture failed 52-33.  Later in the week, the President strongly suggested that he would not be… Continue Reading

Meyerson in WaPo: EFCA is Dead

Posted in EFCA, Expedited Elections, Filibuster, Legislative Strategy, NLRB, Senate, White House
The morning after the cloture vote failed on the nomination of Craig Becker to the National Labor Relations Board, harsh observations regarding EFCA’s prospects from Washington Post columnist Harold Meyerson: "Under Obama, labor should have made more progress".  Calling the Obama administration’s first year an "unmitigated disaster" for labor, Meyerson writes: For the unions, the Senate’s inability to pass… Continue Reading

Roll Call on Becker Cloture Posted

Posted in Alternative Labor Law Reform, EFCA, Filibuster, Senate
The Senate has posted the roll call on the Becker cloture vote here.  Let the political speculation begin.  What impact did the snow and the shutdown have?  What impact did Senator Nelson’s proclamation have on participation? These Senators did not cast a vote: Brownback (R-KS) Byrd (D-WV) DeMint (R-SC) Ensign (R-NV) Graham (R-SC) Gregg (R-NH) Hatch… Continue Reading

Pundits Continue To Weigh In On Becker Nomination, EFCA Angle

Posted in Alternative Labor Law Reform, Card Check, EFCA, Filibuster, Legislative Strategy, Senate
In advance of a probable filibuster (with growing support) over Craig Becker’s nomination to the National Labor Relations Board, Glen Spencer of the U.S. Chamber’s Workforce Freedom Initiative and former Clinton-Gore advisor Peter Mirijanian swapped commentary on Fox News earlier today: Watch the latest news video at video.foxnews.com The anchor led with the angle that… Continue Reading

Sen. Nelson (D-NE) to Join Filibuster of NLRB Nominee; “Referendum on EFCA”?

Posted in Alternative Labor Law Reform, EFCA, Filibuster, NLRB
Politico reports Monday night that Sen. Ben Nelson (D-Neb.) will support a Republican-led filibuster over President Barack Obama’s nomination of Craig Becker to serve on the National Labor Relations Board: “Mr. Becker’s previous statements strongly indicate that he would take an aggressive personal agenda to the NLRB, and that he would pursue a personal agenda there, rather… Continue Reading

WSJ: Labor Leaders Assess EFCA’s Prospects After Brown Election in MA

Posted in EFCA, Filibuster, Legislative Strategy, Senate
Thursday’s Wall Street Journal reported that labor leaders met by phone to assess the impact of Wednesday’s election in Massachusetts.   The loss of the crucial 60th Democratic vote in the Senate and another major election cycle in 2010 are certain to affect Labor’s legislative agenda, including its pursuit of the Employee Free Choice Act: Tuesday’s win by Republican Scott Brown in Massachusetts… Continue Reading

Would NLRB Member Craig Becker Push to Implement EFCA Without Passage of the Legislation?

Posted in EFCA, Filibuster, NLRB, Senate, White House
That seems to be a question being asked by many people following the Senate consideration of President Obama’s three nominees to the National  Labor Relations Board.  On Wednesday, the Senate H.E.L.P. Committee approved the nominations.  While the nominations of union attorney Mark Gaston Pearce and Republican Senate Committee policy director Brian Hayes were approved unanimously, eight of the twenty-three… Continue Reading

The Hill: Dem Senators Back Off Specter’s Announcement of EFCA Deal

Posted in Card Check, EFCA, Expedited Elections, Filibuster, Interest Arbitration, Legislative Strategy, Remedies, Senate
Kevin Bogardus of The Hill remains one of the most active reporters on the status of the Employee Free Choice Act.  His piece this morning compiles the commentary of numerous Democrat lawmakers seeking to mitigate Senator Arlen Specter’s (D-PA) assurances to the AFL-CIO that an alternative EFCA bill had been finalized and would pass in 2009. … Continue Reading

Senator Specter to AFL-CIO: We’ll Pass Bill For Quick Elections, Union Access, Baseball Arbitration and Triple Penalties Against Employers in 2009

Posted in Card Check, EFCA, Expedited Elections, Filibuster, Interest Arbitration, Legislative Strategy, Remedies, Senate, Special Interests
During the past few days a virtual parade of high-ranking Democrats have addressed the AFL-CIO constitutional convention to pledge support for organized labor and the Employee Free Choice Act.  President Obama, Secretary of Labor Hilda Solis, Senate Majority Leader Harry Reid (D-NV), and House Speaker Nancy Pelosi (D-CA) have all spoken to the assembled union… Continue Reading

Senate Majority Leader Reid (D-NV) on EFCA: “Too Many Other Things on Our Plate”

Posted in EFCA, Filibuster, House of Representatives, Legislative Strategy
  Roll Call reports that Senate Majority Leader Harry Reid (D-NV) said Thursday that passing EFCA is no longer a priority for the Senate this year: Speaking at a Las Vegas Chamber of Commerce, Reid said the chamber’s schedule is too crowded to consider the Employee Free Choice Act, otherwise known as “card check.” "We… Continue Reading

Atlanta Business Chronicle: “Revision May Speed Passage of Union Bill”

Posted in Alternative Labor Law Reform, EFCA, Filibuster, Legislative Strategy, MLA Media
Today’s Atlanta Business Chronicle contains a piece on EFCA suggesting "Revision may speed passage of union bill" (subscription).  McKenna Long & Aldridge partner and EFCA Report blogger Richard Hankins is quoted throughout, including the following passages: The first major development on the proposal in months occurred when moderate Democrats in the Senate this month decided to drop… Continue Reading

Franken’s Swearing In Expected to “Accelerate” Push to Create EFCA “Compromise”

Posted in EFCA, Filibuster, Legislative Strategy, Senate
Al Franken appears set to be sworn in as U.S. Senator on Tuesday, July 7.  EFCA steward, Sen. Tom Harkin (D-IA) said last month that he was waiting on Franken’s seating to introduce the "compromise" version of the bill that he has been working on with Democrats and organized labor.  That has led many to speculate that a… Continue Reading