Labor Relations Today

Labor Relations Today

Category Archives: NLRB Administration

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National Labor Relations Board Now Has Four Of Five Seats Filled

Posted in NLRB Administration, Obama Board Reversal, Presidential Appointments
Marvin Kaplan was sworn in today to his seat on the National Labor Relations Board.  Mr. Kaplan was confirmed by the Senate on August 2, 2017, and will serve a term which lasts until August of 2020. According to the Board’s press release: Board Member Kaplan has selected James R. Murphy to serve as his… Continue Reading

Senate Health, Education, Labor and Pensions Committee Schedules Confirmation Hearing For National Labor Relations Board Nominees

Posted in NLRB, NLRB Administration, Presidential Appointments, Senate
The Senate Health, Education, Labor and Pensions (HELP) Committee has announced that it will hold a committee hearing on Thursday, July 13, 2017, at 9:30 AM, to consider the nominations of Marvin Kaplan and William Emanuel to become Members of the National Labor Relations Board. Patrick Pizzella, nominee for Deputy Secretary of Labor, will be… Continue Reading

President Announces Final National Labor Relations Board Nominee

Posted in NLRB, NLRB Administration, Obama Board Reversal, Presidential Appointments
President Trump has announced his intention to nominate William J. Emanuel to the final remaining vacant seat at the National Labor Relations Board.  The announcement, posted on the White House website amidst seventeen assorted nominations and appointments, reads simply: William J. Emanuel, of California, to be a Member of the National Labor Relations Board for the term of five years expiring August… Continue Reading

President Announces Intent To Fill National Labor Relations Board Vacancy

Posted in NLRB Administration, Presidential Appointments, Senate, White House
President Trump yesterday announced his intention to nominate Marvin Kaplan to one of the two vacant seats at the National Labor Relations Board.  The announcement, posted on the White House website, reads: Marvin Kaplan of Kansas to be a Member of the National Labor Relations Board for the remainder of a five-year term expiring August 27, 2020. Mr.… Continue Reading

President Trump To Name Two Labor Attorneys To Fill National Labor Relations Board Vacancies

Posted in NLRB Administration, Obama Board Reversal, Presidential Appointments, Senate
Bloomberg reports that the Trump Administration plans to name attorneys Marvin Kaplan and William Emanuel to fill the two vacant member seats on the National Labor Relations Board.  According to the report, sources indicate that these two are currently under the routine FBI review process for executive branch nominees, and the administration expects to formally advance the… Continue Reading

President Trump Names Philip Miscimarra To Serve As National Labor Relations Board Chairman

Posted in NLRB Administration, NLRB Decisions, Presidential Appointments
Following up on his earlier announced intent, President Trump has named Acting Chairman Philip A. Miscimarra to serve as Chairman of the National Labor Relations Board.  Miscimarra has served as Acting Chairman since January 23, 2017, and had served as a Board Member since August 7, 2013. His 2013 nomination was approved unanimously by the Senate… Continue Reading

Supreme Court Affirms Invalidation of Most of Lafe Solomon’s Tenure as Acting General Counsel

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, White House
The Supreme Court has settled the question surrounding the validity of acting NLRB general counsel Lafe Solomon’s official actions.  Yesterday, in National Labor Relations Board v. SW General, Inc., 580 U.S. –, Case Nos. 14-1107, 14-1121 (Mar. 21, 2017), the Court affirmed the D.C. Circuit’s opinion that Solomon’s continued service in his acting capacity, after President… Continue Reading

National Labor Relations Board Member Philip Miscimarra Named Acting Chairman

Posted in NLRB Administration, Presidential Appointments
On January 26, 2017, President Trump named sole Republican Board Member Philip A. Miscimarra to serve as Acting Chairman of the National Labor Relations Board.  Chairman Miscimarra, whose term expires on December 16, 2017, said of his appointment:// // It is an honor to be named NLRB Acting Chairman by the President.  I remain committed… Continue Reading

Labor Relations Today Issues ‘Labor Law 2016: Year in Review’

Posted in Alternative Labor Law Reform, Department of Labor, Division of Advice, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Joint Employer, Legislation, MLA Media, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, Right to Work, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House, Workplace Rules
McGuireWoods labor attorneys and the editors of Labor Relations Today are pleased to announce the publication of Labor Relations 2016: Year in Review. In the final year of his two-term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double-barreled efforts to remake labor law to benefit labor unions. Throughout the year, the agencies… Continue Reading

Does Trump’s Election Signal the Demise of Recent Labor Regulations?

Posted in Department of Labor, NLRB, NLRB Administration, NLRB Rule-Making, Persuader Rules, White House
The election of Donald Trump places numerous regulations issued under the Obama administration in jeopardy, including the Department of Labor’s Persuader Rules, the National Labor Relations Board’s “Quickie” Election Rules, and the Department of Labor & FAR Council’s Fair Pay & Safe Workplaces Regulations. Currently, these rules are essentially immune from Congressional challenge given President Obama’s… Continue Reading

Despite Injunction of the Blacklisting Rule’s Reporting Requirements, NLRB Will Continue to Request ‘Blacklisting Information’ from Employers

Posted in Executive Orders, Federal Court Litigation, Government Contracting, Government Contracts, NLRB, NLRB Administration
As we noted this summer, on July 1, 2016, the National Labor Relations Board issued Memorandum OM 16-23 specifying that it would begin collecting data for a federal database to comply with the Fair Pay and Safe Workplaces Executive Order despite the fact that the final rule implementing the EO had not been approved. Specifically, the… Continue Reading

Federal Contractors Beware: NLRB Begins Reporting Under Fair Pay and Safe Workplaces Executive Order

Posted in Executive Orders, Government Contracting, Government Contracts, NLRB, NLRB Administration, White House
On July 1, 2016, the Office of the General Counsel for the National Labor Relations Board issued a memorandum (OM 16-23) stating that beginning with NLRB complaints issued on or after July 1, 2016, the NLRB will collect data to be reported to a federal database to comply with the Fair Pay and Safe Workplaces… Continue Reading

NLRB Caught with Egg on its Face: ALJ Finds Agency Violated Federal Labor Law By Failing to Negotiate with its Union

Posted in NLRB, NLRB Administration, NLRB Misc.
Last month a Federal Labor Relations Authority administrative law judge found that the National Labor Relations Board, the agency whose duties include determining whether private employers bargain in good faith, violated its duty to bargain with its union under the Federal Service Labor-Management Relations Statute and the Rules and Regulations of the Federal Labor Relations… Continue Reading

Labor Relations Today Issues ‘Labor Law 2015: Year in Review’

Posted in Alternative Labor Law Reform, Beyond EFCA: Labor's Agenda, Bush Board Reversal, Card Check, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracts, House of Representatives, Joint Employer, Legislation, Micro Units, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Remedies, Representation Elections, SCOTUS, Senate, Social Media, Unfair Labor Practices, Unions, White House
McGuireWoods labor attorneys and the editors of Labor Relations Today are pleased to announce the publication of Labor Law 2015: A Year In Review. For most of 2015, the National Labor Relations Board consisted of five members and the general counsel — all Senate-confirmed. This Board and the White House continued aggressive efforts to overhaul traditional labor law administratively,… Continue Reading

NLRB Hearing Officer and Regional Director Impose More Burdensome Election Eligibility List Standards

Posted in Expedited Elections, NLRB Administration, NLRB Rule-Making, Representation Elections
Under the new expedited election rules implemented by the Board to facilitate union organizing, within two days of the scheduling of an election, the employer must provide the petitioning union: with an alphabetized list of the full names, work locations, shifts, job classifications, and contact information (including home addresses, available personal email addresses, and available home and… Continue Reading

More About the Protecting American Jobs Act (S. 2084)

Posted in Federal Court Litigation, House of Representatives, Legislation, NLRA, NLRB, NLRB Administration, NLRB Rule-Making, Senate
As noted yesterday, Senator Mike Lee (R-UT) has introduced a bill to curtail the authority of the National Labor Relations Board.  The Protecting American Jobs Act (S. 2084) — co-sponsored by Sens. Ted Cruz (R-TX) and Tom Cotton (R-AR) — is analogous to a House bill (H.R. 1893) introduced earlier in 2015, now with seventy… Continue Reading

Quick Hits: Wednesday, September 30, 2015

Posted in Legislation, NLRB, NLRB Administration, Quick Hits, Representation Elections
Senate Bill To Curb NLRB: Following Dems introduction last week of the “WAGE Act” to radically expand NLRB powers to facilitate union organizing, on Monday, Sen. Mike Lee (R-UT) introduced a counter-measure to cut drastically the Board’s role and authority. The text of the Protecting American Jobs Act (S. 2084) is not yet available online, but… Continue Reading

NLRB Now Publishing Election Tallies Online

Posted in NLRB, NLRB Administration, Representation Elections
Without much fanfare on Tuesday, the National Labor Relations Board made the following announcement via Twitter: Tally of ballots are now available online: http://t.co/CBKyFoB3aL — NLRB (@NLRB) September 22, 2015 There are currently 16,793 election results posted going back as far as 1994, but it is evident that the records for many of those years… Continue Reading

NLRB General Counsel Issues Guidance on Employee Electronic Signatures to Support Representation Petitions

Posted in Expedited Elections, NLRB Administration, NLRB Rule-Making, Representation Elections, Social Media
A lesser discussed provision of the Board’s new “quickie” election procedures, effective April 14, 2015, asserted that the Board may accept employee electronic signatures as proof of the “showing of interest” filed with a representation petition.  This week, the General Counsel issued a guidance memorandum outlining the way the Board will treat such filings. Memorandum… Continue Reading

Quick Hits: Friday, August 7, 2015

Posted in Federal Court Litigation, NLRB, NLRB Administration, Quick Hits, White House
Will critic of labor board get appointment to serve on it? – Sean Higgins at the Washington Examiner discusses Senate Majority Leader Mitch McConnell’s recommendation of lawyer G. Roger King to serve on the National Labor Relations Board. Teamsters announce plan to organize UFC fighters – SB Nation’s Bloody Elbow reports on UNITE HERE and the Teamsters’ effort… Continue Reading

Quick Hits: Tuesday, July 14, 2015

Posted in Federal Court Litigation, NLRB Administration, Quick Hits, Representation Elections, Unions
#SEIUElectionFail:  Michael Vandevort reports on an interesting recent case where an NLRB ballot was invalidated on the basis of a contemporaneous Tweet. Voting in a mail ballot election, open April and May, the eligible employee voted for the union, and announced that fact by posting a photo of herself filling out the ballot on Twitter (pictured).  According to the… Continue Reading

NLRB Judge Overturns Arbitrator’s Decision To Fire Racist Employee

Posted in NLRA, NLRB Administration, NLRB Decisions, Quick Hits, Remedies, Unfair Labor Practices, Unions
In a decision that should unsettle employers, a National Labor Relations Board administrative law judge ruled last week that Cooper Tire & Rubber violated the National Labor Relations Act by unlawfully terminating an employee who made racist statements on the picket line.  [Cooper Tire decision]  Even worse, Cooper Tire must offer to rehire the racist employee.… Continue Reading

NLRB ALJ Reinstates Teacher Who Called Manager ‘Liar’, Then Lied About It

Posted in NLRA, NLRB Administration, Remedies, Unfair Labor Practices
National Labor Relations Board administrative law judge Arthur J. Amchan ruled that the Dalton School violated the National Labor Relations Act by unlawfully interrogating and terminating a theater teacher working for the prestigious New York school.  Dalton School, Case No. 2-CA-138611 (June 1, 2015). The Dalton School hired David Brune in 2001. He taught six… Continue Reading

NLRB Dismisses IAM Complaint Against Boeing

Posted in NLRA, NLRB Administration, Quick Hits, Representation Elections, Unfair Labor Practices, Unions
Earlier this month, Claude Harrell, the National Labor Relations Board’s regional director in Atlanta, announced that the Board was dismissing a complaint filed against the Boeing Company by the International Association of Machinists and Aerospace Workers (IAM).  The complaint, which was filed on April 17 after the IAM wrapped up an unsuccessful organizing campaign at Boeing’s Charleston, SC… Continue Reading