Labor Relations Today

Labor Relations Today

Category Archives: Presidential Appointments

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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

Confirmation Expected For Secretary of Labor Nominee Following Committee Hearing

Posted in Department of Labor, Presidential Appointments, Senate
Following the withdrawal of previous nominee Andy Puzder, the President quickly named former National Labor Relations Board Member and current law professor Alex Acosta to serve as Secretary of Labor.  On Wednesday, March 22, 2017, the Senate Health, Education, Labor & Pensions (HELP) Committee held a hearing on his nomination.  In commencing the hearing, Committee Chairman,… 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

U.S. Chamber of Commerce Report Catalogs Extensive Extreme Activity by Obama Era National Labor Relations Board

Posted in Legislative Strategy, NLRA, NLRB, NLRB Decisions, NLRB Rule-Making, Presidential Appointments
Last week, the United States Chamber of Commerce issued a report intended to provide a blueprint to the Trump administration as it looks toward formulating a labor relations agenda.  “The Record of the National Labor Relations Board in the Obama Administration: Reversals Ahead?” is a 162-page report, summarizing the most significant labor relations developments of… 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

President-Elect Announces Fast Food CEO Andrew Puzder For Secretary of Labor Post

Posted in Department of Labor, Joint Employer, Presidential Appointments
On December 8, President-elect Donald Trump named CKE Restaurants CEO Andrew Puzder to serve as Secretary of Labor in his upcoming administration. Mr. Puzder, also an attorney, has consistently been a vocal critic of the proliferation of government regulation during President Obama’s tenure.  There is no shortage of Obama administration labor law regulations that the… Continue Reading

DC Circuit Invalidates Most of Lafe Solomon’s Tenure as Acting General Counsel

Posted in Federal Court Litigation, NLRB Decisions, Presidential Appointments
On August 7, 2015, the U.S. Court of Appeals for the District of Columbia held that Lafe Solomon, the former Acting General Counsel of the National Labor Relations Board, served in violation of the Federal Vacancies Reform Act of 1998 (“FVRA”) from January 5, 2011 to November 4, 2013. In SW General, Inc. v. NLRB, the… 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

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

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

Senate HELP Committee Approves Block’s Board Nomination

Posted in NLRA, NLRB, Presidential Appointments, Quick Hits, Senate
Yesterday, the Senate Health Education Labor and Pensions Committee (HELP) approved the nomination of Sharon Block to the National Labor Relations Board.  Ms. Block is a former Board member whose recess appointment caused a great deal of controversy and was eventually found to be unconstitutional by the Supreme Court.  The HELP Committee split primarily on… Continue Reading

Block Confirmation Hearing Set For Today

Posted in NLRA, NLRB, Presidential Appointments, Quick Hits
The Senate Health, Education, Labor and Pensions Committee (HELP) will hold a hearing this morning to determine whether Sharon Block’s nomination to the National Labor Relations Board should be sent to the full Senate.  The reader will recall that Ms. Block was one of President Obama’s controversial “recess appointees” that were declared Constitutionally unsound by… Continue Reading

Block Confirmation Hearing Set For Next Week

Posted in NLRA, NLRB, Presidential Appointments, Quick Hits
This coming Tuesday, the Senate Health, Education, Labor and Pensions (HELP) Committee will hold a hearing to consider whether the appointment of Sharon Block to the National Labor Relations Board.  The reader may recall that Ms. Block was one of President Obama’s so-called recess appointments, which were held to be Constitutionally unsound by the U.S. Supreme Court… 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

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 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

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

Senate Confirms Griffin As General Counsel of the National Labor Relations Board

Posted in NLRB Administration, Presidential Appointments, Senate
Earlier today, the United States Senate confirmed Richard Griffin’s nomination to serve as the General Counsel to the National Labor Relations Board (NLRB or the Board).  Earlier in the day, sixty-two Senators had voted to bring Griffin’s nomination up for a vote, despite vows by Republican leaders to block Griffin’s nomination from consideration.  The final… Continue Reading

Third Judge in a Month Blasts NLRB General Counsel’s Prosecutorial Conduct

Posted in NLRB Administration, NLRB Decisions, Presidential Appointments, Unfair Labor Practices
For the third time in just about a month, an Administrative Law Judge has expressly questioned the conduct of the National Labor Relations Board’s Office of General Counsel in a decision. In his decision in Copper River of Boiling Springs LLC, JD(ATL)–26–13 (Sept. 25, 2013), Judge Keltner W. Locke found some violations of the National… Continue Reading