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Category Archives: NLRB Administration

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NLRB’s Public Hearing on New Election Rules Starts Tomorrow

Posted in Expedited Elections, NLRB, NLRB Administration, NLRB Rule-Making, Representation Elections
The National Labor Relations Board’s public hearing regarding its new election rules designed to shorten the time-frame for the conduct of union representation elections commences tomorrow and will end on Friday. As previously noted, the proposed rule is identical to changes first proposed in June of 2011 that were ultimately invalidated by the District Court decision in Chamber … Continue Reading

@LRToday Morning Round-Up: March 13, 2014

Posted in Media Round-Up, Negotiations, NLRB Administration, Remedies, Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
UAW Rages Over NLRB Intervention Decision: Ben James of Law360 ($$) writes that yesterday, the United Auto Workers issued a strong statement railing against the National Labor Relations Board regional director’s decision to allow several anti-union employees to intervene in the union’s bid to nix last month’s election loss.  Calling the ruling an "outrage," the union vowed to appeal the … Continue Reading

NLRB ALJ Finds Employer’s Opposition to Demand for Class Arbitration Unlawful

Posted in NLRB Administration
Last week, National Labor Relations Board (NLRB) Administrative Law Judge William Nelson Cates determined that an arbitration agreement between company Network Capitol Funding Corp. and employee Erik Papke violated the National Labor Relations Act (NLRA).  Given the Board’s opposition to class claim waivers in mandatory arbitration agreements, the result hardly seems significant at first glance. However, Judge … 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

@LRToday Morning Round-Up: February 24, 2014

Posted in Media Round-Up, Negotiations, NLRB Administration, Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
UAW Objects To TN Election Results: Abigail Rubenstein of Law360 ($$) reports that lats Friday, the United Auto Workers (UAW) filed objections with the National Labor Relations Board regarding the representation election that took place at Volkswagen’s Chattanooga, TN plant from February 12-14 of this year.  The crux of UAW’s objections concern Tennessee politicos and other organizations who allegedly coordinated a … Continue Reading

@LRToday Morning Round-Up: February 21, 2014

Posted in Media Round-Up, Negotiations, NLRA, NLRB Administration, Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
Board ALJ Chides Players On ‘Weak’ Record: Lester Munson of ESPN.com reports that hearings continued yesterday at the National Labor Relations Board’s Chicago Regional Office concerning whether football players at Northwestern University in Evanston, IL should be allowed to form a labor union.  On the third day of evidentiary hearings, hearing officer Joyce Hofstra admonished the players that the evidence they … Continue Reading

@LRToday Morning Round-Up: February 14, 2014

Posted in Media Round-Up, Negotiations, NLRB Administration, Representation Elections, State/Local Issues, Unions
MI Union Publishes List Of Workers Who Opt Out: TownHall.com reports that Operating Engineers Local 324 has begun publishing a "Freeloaders List" containing the names of workers who choose not to become union members at their workplace.  The list, created in response to dwindling union membership as a result of Michigan’s new "right to work" law, is dangerous because … Continue Reading

@LRToday morning Round-Up: February 13, 2014

Posted in Media Round-Up, Negotiations, NLRB Administration, Representation Elections, Unfair Labor Practices, Unions
 CAPA, Northwestern Face Off In Chicago: Kevin Trahan of the Detroit Free Press writes that yesterday, a National Labor Relations Board hearing officer heard arguments on whether football players at Northwestern University in Evanston, Illinois should be allowed to join a labor union.  The players, under the banner of the College Athletes Players Association (CAPA), are … Continue Reading

@LRToday morning Round-Up: February 12, 2014

Posted in Media Round-Up, Negotiations, NLRB Administration, Representation Elections, State/Local Issues, Unions
 Game On For Northwestern Players: Tanja Babich of ABC News 7 reports that football players at Northwestern University will have their chance to argue their case in front of a National Labor Relations Board hearing officer this morning.  The hearing, set to take place in Chicago, is the first step in what in all likelihood will … Continue Reading

@LRToday Morning Round-Up: February 11, 2014

Posted in Media Round-Up, Negotiations, NLRB Administration, Pensions, Representation Elections, State/Local Issues, Unions
Kellogg Lockout Continues: Steven Greenhouse of the New York Times writes that employees at the Kellogg plant in Memphis, TN have been locked out for more than three months.  The more than 225 locked-out employees, represented by the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (the union), are hoping that the National Labor Relations Board steps … Continue Reading

@LRToday Morning Round-Up: January 30, 2014

Posted in Media Round-Up, Negotiations, NLRB Administration, State/Local Issues, Unfair Labor Practices, Unions
 Group Seeks Probe of Board Investigation: Mike Pare of the Times Free Press writes that representatives of the National Right to Work Foundation have asked for an official inquiry into the National Labor Relations Board’s investigation of unfair labor practice charges against both Volkswagen and the United Auto Workers.  The Board’s investigation involved looking into allegations … Continue Reading

@LRToday Morning Round-Up: January 29, 2014

Posted in Media Round-Up, Negotiations, NLRB Administration, State/Local Issues, Unfair Labor Practices, Unions
 College Football Players Looking to Unionize: Lester Munson of ESPN reports football players at Northwestern University in Evanston, IL are attempting to form a labor union.  This comes on the heels of a strike by football players at Grambling University several months ago.  The players refused to take the field against Jackson State in protest against … Continue Reading

NLRB Rescinds ‘Quickie Election’ Rules, But New Election Rules Could be Issued Later This Year

Posted in Expedited Elections, NLRB Administration, NLRB Rule-Making, Representation Elections
On Wednesday the National Labor Relations Board formally rescinded its "quickie election" rule "consistent with the district court’s decision in Chamber of Commerce of the U.S. v. NLRB setting aside that rule." The  Board rule, published in the Federal Register on Thursday, December 22, 2011, amended its election case procedures to shorten the time between the … Continue Reading

@LRToday Morning Round-Up: January 22, 2014

Posted in Media Round-Up, Negotiations, NLRA, NLRB Administration, Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
Board ALJ Strikes Down Arbitration Agreement: Ben James at Law360 ($$) writes that last Friday, a National Labor Relations Board Administrative Law Judge held that an arbitration agreement between Leslie Poolmart, Inc. and its employees violated federal labor law.  The ruling was somewhat surprising because the agreement did not explicitly bar employees from bringing class or collective … Continue Reading

@LRToday Morning Round-Up: January 15, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Administration, Pensions, Remedies, Social Media, State/Local Issues, Unfair Labor Practices, Unions
ALJ Finds Dress Policy Unlawful: Ben James of Law360 ($$) writes that this past Monday, a National Labor Relations Board Administrative Law Judge found that a Massachusetts Honda dealer’s dress policy violated the National Labor Relations Act.  The ALJ also held that the dealer had further maintained unlawful policies in its handbook regarding social media, although those … 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

Separation of Powers Dominates Noel Canning Arguments Before the Supreme Court

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Senate
Separation of powers between the executive and legislative branches took the forefront during this morning’s Supreme Court argument in NLRB v. Noel Canning, which involves the issue of whether President Obama’s recess appointments to the National Labor Relations Board were valid. In Noel Canning the Court of Appeals for the District of Columbia Circuit held that President … Continue Reading

Supreme Court Hears Arguments on Recess Appointments to the NLRB

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS
This morning the Supreme Court will hear oral arguments in NLRB v. Noel Canning involving the validity of the president’s recess appointments to the National Labor Relations Board. In Noel Canning the Court of Appeals for the District of Columbia Circuit held that President Obama’s intrasession recess-appointments to the National Labor Relations Board were unconstitutional because … Continue Reading

@LRToday Morning Round-Up: December 23, 2013

Posted in Media Round-Up, Negotiations, NLRB Administration, Representation Elections, Unfair Labor Practices, Unions
Boeing Worker Files Charge Against Union: Steve Wilhelm of the Puget Sound Business Journal reports that an employee working for The Boeing Company has filed a charge against the union representing him in contract negotiations with the National Labor Relations Board.  In pertinent part, the complaint alleges that the Machinists District Lodge 751 has failed its … Continue Reading

@LRToday Morning Round-Up: December 16, 2013

Posted in Media Round-Up, Negotiations, NLRA, NLRB Administration, Unfair Labor Practices, Unions
Board ALJ Nixes "No Gossip" Rule: Abigail Rubenstein of Law360 ($$) writes that last Friday, a National Labor Relations Board Administrative Law Judge held that a technical school’s internal policy forbidding its employees from engaging in various forms of gossip was unlawful pursuant to the National Labor Relations Act.  In particular, the ALJ held that the policy, which provided that … Continue Reading

@LRToday Morning Round-Up: December 6, 2013

Posted in Media Round-Up, Negotiations, NLRA, NLRB Administration, State/Local Issues, Unfair Labor Practices, Unions
ALJ Cites D.R. Horton To Strike Class Waiver: Kelly Knaub of Law360 ($$) writes that this past week, a National Labor Relations Board Administrative Law Judge held that an employer’s mandatory arbitration agreement waiving class arbitration was in violation of the National Labor Relations Act.  Alluding to the controversial D.R. Horton decision, the ALJ struck the arbitration agreement, holding … Continue Reading

@LRToday Morning Round-Up: November 20, 2013

Posted in Media Round-Up, NLRB Administration, Representation Elections, State/Local Issues, Unfair Labor Practices, Unions
Board ALJ Approves Of Nurses Union Vote: Imran Ghorin of the Press Enterprise reports that last week, a National Labor Relations Board Administrative Law Judge refused Corona Regional Medical Center’s request to invalidate a January unionization vote taken by the Hospital’s nurses.  The nurses voted early this year in favor of joining the United Nurses Association of … Continue Reading

@LRToday Morning Round-Up: November 13, 2013

Posted in Media Round-Up, Negotiations, NLRB Administration, Unions
ALJ Fires Warning Shot at D.R. Horton: Abigail Rubenstein of Law360 ($$) writes that last week, a National Labor Relations Board Administrative Law Judge found that the NLRB’s current view of class-action waivers conflicts with recent U.S. Supreme Court precedent.  Specifically, the ALJ ruled that that the proponent’s claim that Chesapeake Energy’s individual arbitration policy was unlawful was … Continue Reading

@LRToday Morning Round-Up: November 12, 2013

Posted in Media Round-Up, Negotiations, NLRB Administration, Representation Elections, Unions
Board ALJ Okays Facebook Firing: Ben James of Law 360 ($$) writes that last week, a National Labor Relations Board Administrative Law Judge found that an employer was justified in terminating two employees due to a "profane" exchange of words over Facebook.  In pertinent part, the ALJ noted that the employer was dependent on government and local funding and that … Continue Reading