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Category Archives: NLRB Administration

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ALJ Decision Approves Board Ratification Process And Requires Hospital To Continue Pay Raises After CBA Expires

Posted in NLRA, NLRB, NLRB Administration, Remedies, Unfair Labor Practices, Unions
In a decision issued this past Monday, National Labor Relations Board Administrative Law Judge Susan A. Flynn ruled that Wilkes-Barre General Hospital violated the National Labor Relations Act by failing to pay length-of-service based raises to nurses working at its facility in Wilkes-Barre, Pennsylvania. The case, styled Wilkes-Barre Hospital Company, LLC, arose after the Hospital’s … Continue Reading

Board ALJ Orders UPMC To Reinstate Workers

Posted in NLRA, NLRB, NLRB Administration, Quick Hits, Remedies, Unfair Labor Practices, Unions
In a voluminous ruling issued last week, a National Labor Relations Board Administrative Law Judge ruled that University of Pittsburgh Medical Center (UPMC) violated the National Labor Relations Act by terminating four employees for engaging in protected and concerted activity.  The employees must be returned to work within two weeks of the ruling. The ALJ … Continue Reading

Mid-Terms Aftershock: President Obama Pulls Sharon Block’s Nomination, Nominates Senate Lawyer to NLRB

Posted in NLRB, NLRB Administration, Presidential Appointments, Senate, White House
In a surprising move yesterday, President Obama withdrew the nomination of Sharon Block to the National Labor Relations Board because of Republican objections. Block previously served on the Board from early 2012 to mid-2013 under a recess appointment, which was ruled unconstitutional by the Supreme Court in Noel Canning in June of this year. Despite strong Republican opposition … Continue Reading

Knicks Owner Hit With ULP Charges

Posted in NLRA, NLRB, NLRB Administration, Quick Hits, Unfair Labor Practices, Unions
Last week, the National Labor Relations Board issued charges against James Dolan, the owner of the New York Knicks.  Dolan, who is also the CEO of Cablevision, allegedly threatened to withhold pay increases from Cablevision employees if they refused to hold a decertification vote.  The Board’s complaint further accuses Cablevision of holding an illegal poll … Continue Reading

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

Board ALJ Hits McKesson With ULPs For Decertification Plot

Posted in NLRA, NLRB Administration, Remedies, Unfair Labor Practices, Unions
Earlier this week, National Labor Relations Board Administrative Law Judge Keltner W. Locke determined that McKesson Corp. violated the National Labor Relations Act by unlawfully terminating two employees and by assisting several employees in circulating a decertification petition.  As background, the Teamsters Union came on the scene in October of 2011 when the union was certified as … Continue Reading

ALJs Signal That D.R. Horton Is Alive And Well

Posted in NLRA, NLRB, NLRB Administration, Quick Hits, Uncategorized, Unfair Labor Practices, Unions
At the end of last week, two separate National Labor Relations Board Administrative Law Judges determined that two separate employer-promulgated arbitration agreements were unlawful.  The reader may recall the Board’s now-infamous D.R. Horton ruling, which effectively held that an employer violates the National Labor Relations Act by forcing employees to sign an arbitration agreement that … Continue Reading

Board ALJ Nixes Burger King Access Policy

Posted in NLRA, NLRB Administration, Quick Hits, Unfair Labor Practices
National Labor Relations Board Administrative Law Judge Arthur Amchan determined this week that a Detroit-area Burger King franchisee violated the National Labor Relations Act by barring off-duty employees from its premises.  The franchisee also violated the Act by prohibiting union solicitations on its property. The Burger King franchisee, known as EYM King of Michigan LLC, runs … Continue Reading

Does the National Labor Relations Board’s Recent Ratification Announcement Have Any Impact on Actions Invalidated by Noel Canning?

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Uncategorized
  On August 4, 2014, the National Labor Relations Board announced that it had ratified all of the “administrative, personnel, and procurement matters taken by the Board from January 4, 2012 to August 5, 2013“.  This coincides with the time period during which the Supreme Court’s Noel Canning decision held the Board operated without a … Continue Reading

Board Ratifies Administrative Actions Made During Recess-Appointees’ Tenure

Posted in NLRA, NLRB, NLRB Administration, NLRB Decisions, Quick Hits
Yesterday, the National Labor Relations Board announced that it had unanimously ratified all administrative actions that were made by the recently-invalidated Recess-appointed Board.  The decisions at issue were made between January 4, 2012 and August 5, 2013, when the Board regained a full quorum of five members.  In particular, the Board expressly authorized the appointments of … Continue Reading

Top 10 NLRB Issues to Monitor the Rest of the Year

Posted in Expedited Elections, Micro Units, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Misc., NLRB Rule-Making, Presidential Appointments, Representation Elections, SCOTUS, Unfair Labor Practices
459895879UPDATED: JULY 29, 2014 1.  Aftermath of Noel Canning The Supreme Court determined in late June of this year that President Obama’s purported recess appointments to the National Labor Relations Board were unconstitutional.  Hundreds, or potentially even thousands, of Board decisions issued by the improperly-constituted Board could be affected by the Court’s ruling.  Administrative actions … Continue Reading

Board to Consider Consolidation of Pittsburgh and Buffalo Regional Offices

Posted in NLRB Administration
On Tuesday, National Labor Relations Board General Counsel Richard F. Griffin, Jr. announced that he is considering a proposal to combine Regional Offices in Buffalo, New York (Region 3) and Pittsburgh, Pennsylvania (Region 6).   Following the recent retirement of Regional Director Robert Chester in Pittsburgh, the Board continues to examine its current structure and … Continue Reading

NLRB Chairman Responds to Supreme Court’s Noel Canning Decision

Posted in Federal Court Litigation, NLRB Administration, NLRB Decisions, Presidential Appointments, SCOTUS
Moments ago, NLRB Chairman Mark Gaston Pearce issued the following statement in response to this morning’s Supreme Court decision invalidating the terms of the 2012 “recess” appointed Board Members: The Supreme Court has today decided the Noel Canning case.  We are analyzing the impact that the Court’s decision has on Board cases in which the … Continue Reading

Noel Canning Decision Expected this Month

Posted in Federal Court Litigation, NLRA, NLRB Administration, Presidential Appointments, Quick Hits, SCOTUS, White House
According to multiple news outlets, a decision in NLRB v. Noel Canning is expected this month as the Supreme Court’s current term comes to an end on June 30. 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 they were … Continue Reading

Board RD Green Lights Hospital Resident Physicians Election

Posted in NLRA, NLRB Administration, Representation Elections, Unions
Earlier this week, a Regional Director of the National Labor Relations Board held that resident physicians at Beth Israel Medical Center in New York, NY were employees pursuant to Section 2(3) of the National Labor Relations Act.  Accordingly, Regional Director Karen P. Fernbach of Board Region 2 in New York ordered a representation election, wherein … Continue Reading

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