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Labor Relations Today

Category Archives: NLRB Rule-Making

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NLRB Postpones Creation Of Employee Right To Use Employer E-Mail For Union Activity

Posted in Bush Board Reversal, NLRA, NLRB Decisions, NLRB Rule-Making, Representation Elections
On April 30, 2014, the National Labor Relations Board invited submission of amicus briefs in the case of Purple Communications, Inc. (Cases 21-CA-095151; 21-RC-091531; and 21-RC-091584), as it considered whether to overrule precedent to create an employee right to use an employer’s electronic mail systems for union activity. The administrative law judge, relying on Register … 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

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: April 8, 2014

Posted in House of Representatives, Media Round-Up, NLRA, NLRB, NLRB Rule-Making, Representation Elections, Unfair Labor Practices, Unions
Board Declines GOP Request To Extend Election Comment Period: Ben James of Law360 ($$) writes that the National Labor Relations Board has declined a request from John Kline (R-MN), the chairman of the House Education and Workforce Committee, to extend the open comment period for the Board’s "quickie election" rule.  Board Chairman Mark Gaston Pearce, in a short … Continue Reading

Deja Vu All Over Again: National Labor Relations Board Announces Proposed Rule-Making to Expedite Union Representation Elections

Posted in Alternative Labor Law Reform, NLRB Rule-Making, Representation Elections, Unions
No shock to anyone, the National Labor Relations Board today announced that tomorrow it will publish anew a Notice of Proposed Rulemaking (NPRM) to drastically shorten the timeframe for the conduct of union representation elections.  According to the Board, the proposed amendments are identical to the changes first proposed in June of 2011.  Indeed, the NPRM appearing … 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

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

National Labor Relations Board Drops Notice Posting Requirement

Posted in Executive Orders, Federal Court Litigation, Government Contracts, NLRA, NLRB Rule-Making, Unfair Labor Practices
Earlier this week, the National Labor Relations Board (NLRB) announced its decision not to seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the Board’s August 2011 Notice Posting Rule.  That new rule would have required most private sector employers to post a notice of employee rights in the workplace. Under the rule, … Continue Reading

D.C. Circuit Denies NLRB’s Petition for Rehearing on Notice Posting Ruling

Posted in Federal Court Litigation, NLRA, NLRB Rule-Making
Yesterday the Court of Appeals for the District of Columbia Circuit issued two, one-sentence orders denying the National Labor Relations Board’s requests for a rehearing in National Association of Manufacturers v. NLRB, in which the D.C. Circuit vacated the NLRB’s notice-posting rule issued by the Board. The NLRB’s notice-posting rule required most private employers to … 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

Another Circuit Court Strikes Down National Labor Relations Board’s Poster Rule

Posted in Federal Court Litigation, NLRA, NLRB Rule-Making, Unfair Labor Practices
Earlier today, the U.S. Court of Appeals for the Fourth Circuit affirmed a lower court decision invalidating the National Labor Relations Board’s August 2011 rule which would require most private employers to post notices in the workplace explaining employee rights under the National Labor Relations Act.  In so doing, the 4th Circuit joins the D.C. … Continue Reading

D.C. Circuit Vacates NLRB’s Notice Posting Rule

Posted in Federal Court Litigation, NLRA, NLRB Rule-Making, Unfair Labor Practices
Today a three-member panel of the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion vacating the National Labor Relations Board’s notice-posting rule issued by the Board in August 2011. Under the NLRB’s notice-posting rule, all private-sector employers subject to the National Labor Relations Act would be required to post a … Continue Reading

D.C. Circuit, Citing Noel Canning, Holds NLRB “Quickie Election” Rules Appeal in Abeyance

Posted in Federal Court Litigation, NLRA, NLRB Administration, NLRB Rule-Making, Representation Elections
The National Labor Relations Board’s appeal of a May 2012 order striking down its "quickie election" rule in Chamber of Commerce of the United States of America v. NLRB, Case No. 12-5250, remains pending in the U.S. Court of Appeals for the District of Columbia Circuit. However, on Tuesday the Court issued a one-page order … 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

NLRB Issues 341 Decisions in FY 2012

Posted in NLRB Administration, NLRB Decisions, NLRB Misc., NLRB Rule-Making, Representation Elections, Unfair Labor Practices
The National Labor Relations Board issued a press release today touting its work in fiscal year 2012. Between October 1, 2011 and September 30, 2012, the NLRB issued 341 decisions in contested cases – 277 unfair labor practice cases and 64 representation cases. Included in those decisions were nine of its 10 oldest decisions. By … Continue Reading

Court Reaffirms Ruling Striking Down NLRB’s ‘Quickie Election’ Rules

Posted in Federal Court Litigation, NLRB Rule-Making, Representation Elections
On Friday District of Columbia District Court Judge James Boasberg issued an opinion reaffirming his ruling striking down the National Labor Relations Board’s "quickie election" rules in Chamber of Commerce of the United States of America v. NLRB, Civil Action No. 11-2262. In June the NLRB filed a Motion to Amend or Alter Judgment asserting … Continue Reading

@LRToday Morning Round-Up: July 17, 2012

Posted in Federal Court Litigation, Media Round-Up, NLRB Rule-Making
Membership Revocation Does not Equate to Checkoff Revocation: Michael P. Tremoglie of Legals Newsline writes that the National Labor Relations Board affirmed an administrative decision that a union was not required to cease deducting dues even after an employee resigns from the union where the checkoff authorizations were not linked to union membership. ‘The complaint … Continue Reading

NLRB Asks Court to Reconsider Ruling on “Quickie Election” Rules

Posted in Federal Court Litigation, NLRB Administration, NLRB Rule-Making, Representation Elections
The National Labor Relations Board filed a Motion to Amend or Alter Judgment yesterday in Chamber of Commerce of the United States of America v NLRB, Civil Action No. 11-2262, where District of Columbia District Court Judge James Boasberg struck down the NLRB’s "quickie election" rules because the NLRB lacked a quorum when it passed … Continue Reading

@LRToday Morning Round-Up: May 16, 2012

Posted in Federal Court Litigation, Media Round-Up, NLRB Administration, NLRB Rule-Making, Representation Elections
The federal court ruling striking down the National Labor Relations Board’s new "quickie" election rules and its aftermath have been the subject of much discussion this week. Our analysis and perspective on the ruling can be found here and here, and on the NLRB’s subsequent announcement that it is suspending implementation of the new election … Continue Reading

Quick Observation: Uptick in Representation Filings During Short-Lived NLRB ‘Quickie’ Election Rules

Posted in Federal Court Litigation, NLRB Rule-Making
Interesting tidbit from the tail-end of the National Labor Relations Board announcement today: About 150 election petitions were filed under the new procedures. Many of those petitions resulted in election agreements, while several have gone to hearing. All parties involved in the 150 cases will be contacted and given the opportunity to continue processing the … Continue Reading

National Labor Relations Board Suspends Implementation of ‘Quickie’ Election Rule Invalidated by Court

Posted in Federal Court Litigation, NLRB Rule-Making
Regarding yesterday’s federal court decision to invalidate the National Labor Relations Board’s "quickie" election rule, we noted: It does, however, raise the interesting question of the extent to which elements of the Acting General Counsel’s new guidelines — designed to expedite election processing consistent with the rule — will survive as an administrative matter on … Continue Reading