Labor Relations Today

Labor Relations Today

Category Archives: NLRB Rule-Making

Subscribe to NLRB Rule-Making RSS Feed

Board Fights Back Against Quickie Election Challenge

Posted in Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Quick Hits, Representation Elections
The National Labor Relations Board filed a notice of supplemental authority with the D.C. Circuit in defense of the Board’s controversial “quickie election” rules, arguing that the court’s recent decision in Nam v. Perez should govern the instant matter: “The [NAM v. Perez] decision … addresses and rejects arguments substantially identical to those raised by… Continue Reading

Senate Tables Quickie Election Veto

Posted in NLRB, NLRB Rule-Making, Quick Hits, Representation Elections, Senate, White House
Yesterday, the United States Senate voted 96-3 to table President Obama’s veto of a Republican attempt to scupper the now-infamous “quickie-election” regulations.  The move to table the override vote effectively amounts to Republicans admitting defeat on the issue. As we wrote back in March, President Obama vetoed a Congressional measure of disapproval, which would have blocked the implementation… Continue Reading

Chamber Fires Another Round At Quickie Election Rules

Posted in Federal Court Litigation, House of Representatives, NLRA, NLRB, NLRB Rule-Making, Quick Hits, Representation Elections, Senate, Unions, White House
This week, the U.S. Chamber of Commerce and other trade groups filed a Motion in the U.S. District Court for the District of Columbia, arguing that the National Labor Relations Board’s “quickie election” rules should be invalidated. The rules, which were published at the end of last year in the Federal Register, would allow a… Continue Reading

NLRB to Begin Training Staff on New Quickie Election Rules

Posted in Federal Court Litigation, NLRB, NLRB Administration, NLRB Rule-Making, Representation Elections, White House
The National Labor Relations Board’s new election rules go into effect April 14, and Deputy General Counsel Jennifer Abruzzo announced ($) that training on those rules for regional office employees will begin in Washington on March 16. The NLRB’s regional offices will also offer educational meetings to labor law practitioners March 23 through April 13. The… Continue Reading

Senate Takes Aim At Quickie Election Rule

Posted in House of Representatives, Legislation, NLRA, NLRB Rule-Making, Quick Hits, Representation Elections, Unions
Yesterday, the United States Senate voted 53-45 in favor of proceeding to formal debate on Senate Joint Resolution 8.  S.J. Res. 8 is a joint resolution with the U.S. House of Representatives designed to express both the House and Senate’s disapproval of the National Labor Relations Board’s “quickie election” rules.  The quickie election rules are… Continue Reading

NFIB and ABC Join Fight Against NLRB’s ‘Quickie Election’ Rule by Filing Suit in Texas

Posted in Expedited Elections, Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Representation Elections
On Tuesday, January 13, the National Federation of Independent Business (NFIB) Texas, Associated Builders and Contractors (ABC) of Texas and the Central Texas Chapter of ABC filed a joint lawsuit in the U.S. District Court for the Western District of Texas against the National Labor Relations Board (NLRB) challenging the NLRB’s recently issued election rule… Continue Reading

Labor Relations Today Releases ‘Labor Law 2014: A Year in Review’

Posted in Alternative Labor Law Reform, Amici Briefs, Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, Negotiations, NLRA, NLRB, 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 2014: A Year In Review. This marks the fourth straight year that we have produced this annual review of developments in traditional labor law and labor-management relations. 2014 ushered in a National Labor Relations Board with more prospective stability than in recent years as the seats… Continue Reading

Group Led by US Chamber Files Suit Challenging NLRB’s New ‘Quickie Election’ Rule

Posted in Expedited Elections, Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Representation Elections
On January 5, the United States Chamber of Commerce filed suit in the United States District Court for the District of Columbia challenging the National Labor Relations Board’s “recently issued ‘ambush’ election rule.” The Chamber is joined in the lawsuit by the Coalition for a Democratic Workplace, National Association of Manufacturers (NAM), National Retail Federation… 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

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