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Labor Relations Today

Category Archives: Presidential Appointments

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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

Senate Committee Approves Nomination of Richard Griffin to NLRB General Counsel Post

Posted in Federal Court Litigation, Filibuster, NLRB Administration, Presidential Appointments, Senate, White House
As expected, following its hearing yesterday, the Senate Health, Education, Labor & Pensions Committee approved the nomination of Richard Griffin to become General Counsel of the National Labor Relations Board by a largely party-line vote, 13-9.  According to press accounts, HELP Committee Chair Sen. Tom Harkin (D-IA) asserted that the "abundantly qualified" Mr. Griffin’s confirmation … Continue Reading

NLRB General Counsel Nominee Before Senate Committee This Morning

Posted in Bush Board Reversal, Federal Court Litigation, NLRB Administration, Presidential Appointments, Senate, White House
At 10:00 this morning, the Senate Health, Education, Labor & Pensions Committee will convene a hearing in Executive Session for consideration of President Obama’s nomination of Richard Griffin to serve as General Counsel of the National Labor Relations Board. The General Counsel serves a 4-year term, and  is responsible for the investigation and prosecution of unfair … Continue Reading

@LRToday Morning Round-Up: September 17, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRA, Presidential Appointments, SCOTUS, State/Local Issues, Unions
Board Argues SCOTUS Should Reverse Noel Canning Ruling: Abigail Rubenstein of Law360 ($$) writes that this past Friday, the National Labor Relations Board (NLRB or the Board) submitted its Brief to the Supreme Court of the United States, arguing that the D.C. Circuit’s January 2013 Noel Canning decision was in error.  In pertinent part, the Board’s Brief argues … Continue Reading

Another Setback for the NLRB: Federal District Court Invalidates the Acting General Counsel’s Appointment

Posted in Federal Court Litigation, NLRA, Presidential Appointments, Unfair Labor Practices
In a four page decision in Hooks v. Kitsap Tenant Support Services, Inc., Case No. C13-5470 BHS (W.D. Wash. Aug. 13, 2013), Judge Benjamin H. Settle of the United States District Court for the Western District of Washington granted the employer’s motion to dismiss the National Labor Relations Board’s petition for injunctive relief under Section 10(j) … Continue Reading

@LRToday Morning Round-Up: August 13, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Administration, Presidential Appointments, Senate, State/Local Issues, Unions
Sixth Circuit Casts Doubt on Validity of Emergency Manager Law: David McAfee of Law360 ($$) reports that last Friday, the Sixth Circuit Court of Appeals provided that the Michigan Legislature may have run afoul of the state’s constitution by expanding its "emergency manager" law.  The emergency manager law expansion, passed last year by the legislature, purports to give state-appointed emergency … Continue Reading

@LRToday Morning Round-Up: August 5, 2013

Posted in Media Round-Up, Negotiations, NLRB Misc., Presidential Appointments, Unions
President Nominates Griffin to Serve as Board GC: Amanda Becker of the Chicago Tribune reports that last Friday, President Obama nominated outgoing National Labor Relations Board (NLRB) member Richard Griffin to serve as the General Counsel to the new NLRB.  Griffin, along with fellow outgoing member Sharon Block, had proved to be highly unpopular with Republicans in … Continue Reading

President’s Labor Board Nominees Confirmed by Senate

Posted in Presidential Appointments
Yesterday, the Senate effectively put an end to the ambiguity surrounding the current validity of the National Labor Relations Board (NLRB) by confirming all five of President Obama’s Board nominees.  The Board’s authority to act had been under scrutiny for quite some time, as several Circuit Courts of Appeal, beginning with January’s Noel Canning decision, had held … Continue Reading

@LRToday Morning Round-Up: July 30, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Administration, Pensions, Presidential Appointments, Senate, Unions, White House
Michigan AG Enters Detroit Bankruptcy Fray: Maria Chutchian of Law360 ($$) reports that Michigan Attorney General Bill Schuette has come to the aid of retirees who have been caught in the black hole of the Detroit Bankruptcy. Yesterday, Schuette stated that any attempts to decrease retirees’ pensions in response to the city’s bankruptcy filing would be illegal, … Continue Reading

@LRToday Morning Round-Up: July 24, 2013

Posted in Media Round-Up, Negotiations, NLRB Administration, Presidential Appointments, Senate, Unions
MLB Pushes Forward in Steroid Fight: Carolina Bolado of Law360 ($$) writes that Major League Baseball (MLB) has filed a memorandum with the 11th Circuit Court of Appeals, arguing that it’s lawsuit against Biogenesis, a laboratory linked to the production of anabolic steroids, is not preempted by the Labor Management Relations Act (LMRA). Biogenesis and its co-defendants have argued … 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

Fourth Circuit Joins D.C. and Third Circuits, Holds NLRB Recess Appointments Invalid

Posted in Federal Court Litigation, NLRA, NLRB Administration, NLRB Decisions, NLRB Misc., Presidential Appointments, SCOTUS
Just one day after the Senate’s filibuster compromise paving the way to a five member National Labor Relations Board, the Fourth Circuit issued a 2-1 decision in NLRB v. Enterprise Leasing Company Southeast, LLC, Case No. 12-1514 (4th Cir. July 17, 2013), holding that the President’s recess appointments to the NLRB are invalid. Agreeing with … Continue Reading

@LRToday Morning Round-Up: July 17, 2013

Posted in Media Round-Up, Negotiations, NLRB Misc., Presidential Appointments, Senate, Unions
President Obama to Nominate Two Labor Attorneys to NLRB: Abigail Rubenstein of Law360 ($$) reports that President Obama has already made his selections to serve as members of the National Labor Relations Board (NLRB) after the Senate reached a deal to avoid the "nuclear option" yesterday. In a follow-on to yesterday’s post, the President has reportedly named Nancy Shiffer … Continue Reading

@LRToday Morning Round-Up: July 16, 2013

Posted in Federal Court Litigation, Filibuster, Media Round-Up, Negotiations, NLRB Misc., Presidential Appointments, SCOTUS, Senate, Unions, White House
Third Circuit Tables Becker Appeal Until SCOTUS Ruling: Ben James of Law360 ($$) reports that yesterday, the Third Circuit Court of Appeals decided to place a hold on the National Labor Relations Board’s (NLRB) appeal of the court’s decision holding that former member Craig Becker’s recess appoint was constitutionally improper as it waits for the Supreme Court to rule … Continue Reading

@LRToday Morning Round-Up: July 11, 2013

Posted in Federal Court Litigation, Media Round-Up, NLRB Misc., Presidential Appointments, Unions
MEBA and AMO Butt Heads over Cargo Contract: Dan Prochilo of Law360 ($$) writes that the Marine Engineers Beneficial Association (MEBA) has sued the American Maritime Officers (AMO) in Federal court, alleging that AMO unlawfully convinced a cargo company to blow up its agreement with MEBA. The premature severing has cost MEBA almost $10million, according to the lawsuit. "The parties had … Continue Reading

@LRToday Morning Round-Up: June 25, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRA, Presidential Appointments, Representation Elections, SCOTUS, Senate, Unions
SCOTUS To Consider Lawfulness of Neutrality Agreements: Brian Mahoney of Law360 ($$) writes that yesterday, the United States Supreme Court agreed to consider whether union/management neutrality agreements violate the Labor Management Relations Act. These neutrality agreements essentially set the "ground rules" for union organizing campaigns. As long as the organizing union follows the rules, management usually agrees to … Continue Reading

U.S. Supreme Court Takes Up Recess Appointments Case

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Senate
In a highly-anticipated move, the United States Supreme Court agreed today to hear an appeal by President Obama’s administration from the D.C. Circuit’s Noel Canning ruling issued earlier this year. The Noel Canning decision, discussed here in a prior blog post, effectively held that President Obama’s intrasession recess-appointments to the National Labor Relations Board were unconstitutional … Continue Reading

@LRToday Morning Round-Up: June 21, 2013

Posted in Federal Court Litigation, Media Round-Up, NLRA, Presidential Appointments, SCOTUS, Unions
Daycon Files Writ of Cert. Concerning Recess Appointments: Ben James of Law360 ($$) writes Daycon products filed a writ of certiorari with the Supreme Court last week, asking the Justices to resolve the validity of National Labor Relations Board ex-member Craig Becker’s recess appointment. The issues raised in the brief in support essentially mirror those raised … Continue Reading