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Category Archives: Legislation

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Navigating the Overlap Between President Obama’s “Equal Pay” Orders for Federal Contractors and the NLRA

Posted in Executive Orders, Government Contracting, Legislation, NLRA, Senate, White House
On April 8, 2014, President Obama signed an Executive Order directing the Department of Labor (“DOL”) to propose new regulations and rules to prohibit Federal contractors from discriminating against employees for inquiring, discussing or disclosing their compensation, or the compensation of other employees.  The new order, entitled “Non-Retaliation For Disclosure of Compensation Information,” amends Executive Order … Continue Reading

@LRToday Morning Round-Up: March 28, 2014

Posted in Legislation, Media Round-Up, Negotiations, NLRA, NLRB, Representation Elections, Unions
Legislation Targets Ambush Election Rule: Ben James of Law360 ($$) writes that yesterday, Republicans in both the U.S. House and Senate introduced legislation designed to counter the National Labor Relations Board’s proposal to speed up union elections.  Senator Lamar Alexander (R-TN) and Congressman John Kline (R-MN) both stated that the bills were necessary to balance the scales because "this … 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

@LRToday Morning Round-Up: November 18, 2013

Posted in House of Representatives, Legislation, Media Round-Up, Negotiations, Senate, Unions
Bill To Guarantee Secret Union Ballots Introduced In Both Houses: Abigail Rubenstein of Law360 ($$) reports that last Thursday, Republicans in both the U.S. House and Senate introduced a bill that would make major reforms to federal labor law.  Significantly, the bill would guarantee the use of secret ballots in union elections.  The bill would also … Continue Reading

@LRToday Morning Round-Up: October 28, 2013

Posted in Legislation, Media Round-Up, Negotiations, NLRB Decisions, Remedies, State/Local Issues, Unfair Labor Practices, Unions
Board Orders Senior Center To Give Up Wage Info: Joshua Alston of Law360 ($$) reports that last week, the National Labor Relations Board ruled that a senior residential care facility in New Jersey would have to provide the Service Employees International Union (SEIU) with certain wage and hour information.  In particular, the NLRB held that Bristol Manor Health Care Center would … Continue Reading

@LRToday Morning Round-Up: October 22, 2013

Posted in Legislation, Media Round-Up, Negotiations, State/Local Issues, Unions
Tentative Deal Reached In BART Dispute: Michael Cabanatuan of the San Francisco Gate writes that the days-old Bay Area Rapid Transit (BART) strike was put to bed last night after the two unions negotiating for BART employees reached a tentative deal with BART management.  "This offer is more than we wanted to pay, but it is a new path with … Continue Reading

Federal Shutdown Ended, National Labor Relations Board to Resume Full Operations Today

Posted in House of Representatives, Legislation, NLRB Administration, Senate, White House
Last night, the President signed legislation which, among other things, ends the sixteen-day shutdown of the federal government. As outlined in its September 27, 2013 Contingency Plan, the National Labor Relations Board set out to recall furloughed Board workers to their positions.  As of this time, information is lacking on the Board’s website and Twitter feed, … Continue Reading

U.S. Chamber, AFL-CIO Implore President Obama To End The Shutdown

Posted in Legislation
In a surprising show of bi-partisanship, the AFL-CIO and the U.S. Chamber of Commerce co-wrote an open letter to President Obama wherein the parties implore the President and members of Congress to both reopen the Federal Government and avoid a default.  In pertinent part, the letter provides that "the current shutdown is harmful and the risk of default … Continue Reading

@LRToday Morning Round-Up: October 1, 2013

Posted in Legislation, Media Round-Up, Negotiations, NLRB Misc., Senate, Unions
NLRB To Be Hit By Furloughs: Melanie Trottman of the Washington Wire reports that the Federal Government shutdown will hit the National Labor Relations Board (NLRB or the Board) hard, with all but 11 of its more than 1,500 employees forced to go on furlough.  The Board will stop handling cases for the time being, which will impact investigations, elections, … Continue Reading

@LRToday Morning Round-Up: September 30, 2013

Posted in Legislation, Media Round-Up, Negotiations, Representation Elections, State/Local Issues, Unions
Right-To-Work Bill Introduced in PA Senate: David McAfee of Law360 ($$) writes that last week, a group of Senators in Pennsylvania introduced Senate Bill 1073, known colloquially as the Freedom of Employment Act (FEA).  The FEA would make Pennsylvania a "right to work" state, meaning workers could not be compelled to join a labor union.  State Sen. Mike … Continue Reading

@LRToday Morning Round-Up: September 25, 2013

Posted in Card Check, Legislation, Media Round-Up, NLRA, Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
Wisc. Unions Fighting New Labor Law: Ben James of Law 360 ($$) writes that yesterday, the Wisconsin Education Association Council, in conjunction with five other unions, filed a motion in Wisconsin state court seeking to hold Wisconsin state officials in contempt for implementing a portion of the state’s labor law.  The controversial law, enacted in 2011 … Continue Reading

@LRToday Morning Round-Up: August 26, 2013

Posted in Legislation, Media Round-Up, Negotiations, Pensions, State/Local Issues, Unions
Union Pressure Forces Prison Official To Step Aside: Kevin Rector of the Baltimore Sun writes that Jon Galley, an executive director of Maryland’s prison system for the northern region, has stepped down after working for more than 30 years in the corrections industry after representatives of the American Federation of State, County, and Municipal Employees (AFSCME) began pressing him … Continue Reading

@LRToday Morning Round-Up: June 14, 2013

Posted in House of Representatives, Legislation, Media Round-Up, Negotiations, NLRA, Unions
House GOP Looking to Revise NLRA: Ben James of Law360 ($$) writes that Republicans in the U.S. House of Representatives have introduced two measures that would effectively amend the National Labor Relations Act. The proposed pieces of legislation, referred to as HR 2346 and HR 2347, would protect workers’ rights to a secret ballot and would also nix a … Continue Reading

@LRToday Morning Round-Up: May 7, 2013

Posted in Legislation, Media Round-Up, NLRB Decisions, Unions
Board Orders USPS to Turn Over Test Scores to Union: Dan Prochilo of Law360 ($$) writes that last Thursday, the National Labor Relations Board ordered the United States Postal Service to turn over the results of an aptitude test to union officials who were investigating potential improper hiring practices. The Board held that the union’s stated goal of acting … Continue Reading

@LRToday Morning Round-Up: March 12, 2013

Posted in Legislation, Media Round-Up, State/Local Issues, Unions
Bankruptcy Court OKs Dewey WARN Class-Action: Maria Chutchian of Law360 ($$) reports that last Friday, a New York bankruptcy court signed a proposed consent order that would allow former Dewey and LeBoeuf employees to proceed with a collective WARN action. The Federal WARN statute provides that employers must provide workers with at least sixty-days’ notice prior to any mass layoffs. … Continue Reading

@LRToday Morning Round-Up: February 21, 2013

Posted in Legislation, Media Round-Up, State/Local Issues, Unfair Labor Practices, Unions
Texas Legislature Introduces Secret Ballot Bills: Jess Davis of Law360 ($$) reports that identical bills have been introduced in the Texas House and Senate that would require labor union elections to be conducted by secret ballot. Furthermore, a majority of those who would be affected by union representation would have to sign on in order to approve … Continue Reading

@LRToday Morning Round-Up: February 14, 2013

Posted in Legislation, Media Round-Up, Presidential Appointments, Unions, White House
Congress Reacts to President’s Renominations of Block and Griffin: Yesterday, @LRToday reported that President Obama had resubmitted the nominations of Richard Griffin and Sharon Block, both Democrats, for positions on the National Labor Relations Board. The President’s nominations have sparked varying reactions in Washington, according to Kevin Bogardus of The Hill.  Republican Senator Tom Harkin (Iowa), chair of … Continue Reading

Labor Law in Flux: The Ripple Effect of Noel Canning

Posted in Federal Court Litigation, Legislation, NLRA, NLRB Administration, NLRB Decisions, NLRB Misc., NLRB Rule-Making, Presidential Appointments, Senate, Unfair Labor Practices
In the two weeks following the D.C. Circuit Court of Appeals’ monumental decision in Noel Canning v. NLRB, Case No. 12-1115 (D.C. Cir. Jan. 25, 2013), there have been a number of developments as employers, labor groups, and employees grapple with the practical implications of the court’s holding that President Obama’s recess appointments to the … Continue Reading

Labor Relations Today Releases ‘Labor Law 2012: A Year in Review’

Posted in Federal Court Litigation, House of Representatives, Legislation, Media Round-Up, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
It was going to be hard to top 2011 in terms of unique and dynamic labor law developments. But 2012 may just have lived up to the task. Seeking to ensure that the Board would have a quorum to operate during the year, on January 4, 2012, President Obama attempted the "recess" appointment of three … Continue Reading

Republican Senators Introduce Bills to Enforce Noel Canning Holding on NLRB

Posted in Federal Court Litigation, Legislation, NLRB Administration, Presidential Appointments, Senate
Following the Noel Canning decision of the D.C. Circuit Court of Appeals, NLRB Chairman Mark Gaston Pearce issued a statement that the Board would proceed with "business as usual". In response, yesterday Republican Senators Mike Johanns (R-NE), Lamar Alexander (R-TN) and John Cornyn (R-TX) introduced the “Restoring the Constitutional Balance of Power Act of 2013” … Continue Reading

@LRToday Morning Round-Up

Posted in Legislation, Media Round-Up, NLRB Misc., State/Local Issues, Unfair Labor Practices
Right-To-Work Amendment Fails in VA Senate: Natalie Rodriguez of Law360 ($$) reports that a proposed amendment to the Virginia state constitution has failed in the Senate. The amendment, proposed by Sen. Richard Black (Republican), would have made Virginia a "Right to Work" state. The amendment would have prohibited a labor union from denying a non-member the right to … Continue Reading

@LRToday Morning Round-Up: June 8, 2012

Posted in Legislation, Media Round-Up, NLRB
South Carolina Bill Discourages Union Activity: Andrew M. Ballard of Bloomberg BNA ($) writes that South Carolina’s legislature ratified a scaled-back bill designed to discourage union activity in South Carolina. Under the terms of the bill, it would increase monetary penalties for violations of the state’s right-to-work law and would allow employers to display a … 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

Next Week, U.S. Senate Will Debate Resolution to Block National Labor Relations Board’s “Quickie” Election Rule

Posted in Federal Court Litigation, House of Representatives, Legislation, NLRB Rule-Making, Representation Elections, Senate
Earlier this week, one new National Labor Relations Board rule was put on indefinite hold.  Now Senate Republicans are taking aim at another Board initiative set to go into effect on April 30, 2012 — the rule designed to expedite union representation elections.  Earlier today, Senator Mike Enzi (R-WY), Ranking Member on the Senate Health, … Continue Reading