Labor Relations Today

Labor Relations Today

Category Archives: Presidential Appointments

Subscribe to Presidential Appointments RSS Feed

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

@LRToday Morning Round-Up: May 29, 2013

Posted in Federal Court Litigation, Media Round-Up, NLRA, Presidential Appointments, Representation Elections, SCOTUS, Senate, Unions
GOP Senators File Amicus Brief Supporting Noel Canning Ruling: Ben James of Law360 ($$) reports that yesterday, a group of Republican Senators filed an amicus brief with the Supreme Court in which the Senators urged the Court to uphold the D.C. Circuit’s recent ruling invalidating President Obama’s recess appointments to the National Labor Relations Board. Forty-five Senators, led… Continue Reading

@LRToday Morning Round-Up: May 28, 2013

Posted in Media Round-Up, Negotiations, NLRB Administration, Presidential Appointments, Unions
Solomon Renominated as NLRB GC: Ben James of Law360 ($$) reports that, last Thursday, President Obama officially renominated National Labor Relations Board Acting General Counsel Lafe Solomon to serve another term as the Board’s General Counsel. The nomination is now in the hands of the Senate’s HELP committee. If approved by the HELP committee, Solomon’s nomination will go to the full… Continue Reading

More on HELP Committee Approval of NLRB Nominees

Posted in Filibuster, Media Round-Up, NLRB Administration, Presidential Appointments, Senate, White House
On Wednesday, the Senate HELP Committee voted to advance the nominations of all pending National Labor Relations Board member nominations to the full Senate for confirmation.  Following a hearing, the panel voted unanimously in support of the nominations of Republican appointees Harry I. Johnson, III, and Philip A. Miscimarra; 18-4 in favor of current chairman Democrat Mark… Continue Reading

@LRToday Morning Round-Up: May 23, 2013

Posted in Media Round-Up, Negotiations, NLRA, NLRB Misc., Presidential Appointments, Senate, Unfair Labor Practices, Unions
Dems Push Board Nominees Through HELP Committee: Law360 ($$) reports that yesterday, the Senate Health, Education, Labor and Pension (HELP) Committee voted to send President Obama’s nominations to the National Labor Relations Board to the full Senate for a vote. Interestingly, the vote was incredibly partisan, as Republican nominees Harry Johnson III and Philip Miscimarra sailed through the process, while… Continue Reading

Third Circuit Is Second Court to Invalidate NLRB Recess Appointments

Posted in Federal Court Litigation, NLRB Misc., Presidential Appointments, Senate, White House
The Third Circuit Court of Appeals joined the D.C. Circuit in invalidating President Obama’s recess appointments to the National Labor Relations Board in a 2-1 decision issued today in NLRB v. New Vista Nursing and Rehabilitation, Case No. 11-3440. The Third Circuit majority held that “‘the Recess of the Senate’ in the Recess Appointments Clause… Continue Reading

@LRToday Morning Round-Up: May 16, 2013

Posted in Media Round-Up, Negotiations, NLRB Misc., Presidential Appointments, Senate, Social Media, Unions
Charges Over Facebook Discipline Set to Continue, RDs Say: Ben James of Law360 ($$) writes that yesterday, a panel of National Labor Relations Board (NLRB) Regional Directors and private-sector management-side attorneys discussed current hot topics in labor relations at Cornell’s School of Industrial and Labor Relations in Manhattan. In particular, the panel discussed the recent spike in Board… Continue Reading

National Labor Relations Board and Department of Justice Jointly File Petition for Cert, Defending President’s Recess Appointments

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Senate, White House
Consistent with intentions stated last month, earlier today, the National Labor Relations Board, in conjunction with the Department of Justice, filed a petition of certiorari with the United States Supreme Court in Noel Canning v. NLRB. In Noel Canning, the D.C. Circuit determined that President Obama’s recess appointments of Sharon Block, Terrence Flynn, and Richard… Continue Reading

@LRToday Morning Round-Up: April 10, 2013

Posted in Federal Court Litigation, Media Round-Up, NLRB Misc., Presidential Appointments, Unions
NFL Argues CBA Governs Player Injury Claims: Dan Packel of Law360 ($$) reports that yesterday, attorneys representing the National Football League (NFL) in multidistrict litigation asked a federal judge to toss a collective action brought by former players that asserts that the League is liable for player head injuries. Yesterday’s argument was the first time that the multidistrict litigation, which involves thousands… Continue Reading

President Obama Announces Labor Board Nominees

Posted in NLRA, NLRB Administration, Presidential Appointments, White House
President Nominates Two Republicans, Democrat to the NLRB: Earlier today, President Obama announced that he is nominating three individuals to serve as members of the National Labor Relations Board (NLRB). The President is nominating two Republicans and a Democrat to the Board, which has been thrown into chaos since January’s Noel Canning ruling out of the D.C. Circuit. The two Republicans,… Continue Reading

Department of Justice Responds to Noel Canning While Employers Continue to Challenge the Board’s Authority to Act

Posted in Federal Court Litigation, NLRA, NLRB Administration, NLRB Decisions, NLRB Misc., Presidential Appointments, SCOTUS
As noted earlier this month, the National Labor Relations Board announced that it, in consultation with the Department of Justice, intends to file a petition of certiorari with the United States Supreme Court in Noel Canning v. NLRB rather than seek an en banc rehearing with the D.C. Circuit Court of Appeals. In Noel Canning,… Continue Reading

The NLRB To Seek Supreme Court Review of Noel Canning

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Senate, White House
The NLRB announced today that it will be seeking Supreme Court review of the DC Circuit’s Noel Canning decision.  In reaching its decision, it will forgo the option of petitioning the DC Circuit for an en banc rehearing.  The NLRB consulted with the Department of Justice in making its decision.  The deadline for filing the… Continue Reading

@LRToday Morning Round-Up: March 11, 2013

Posted in Media Round-Up, NLRB Administration, Presidential Appointments, Senate, Unions
Board Attacks Noel Canning Delay Tactics: Stewart Bishop of Law360 ($$) reports that the National Labor Relations Board has attacked 24 Hour Fitness’ attempt to avoid an entry of judgment by arguing that the Board has no authority to act in light of the D.C. Circuit’s recent Noel Canning decision. In its brief filed last Thursday, the Board… Continue Reading

@LRToday Morning Round-Up: February 28, 2013

Posted in Media Round-Up, Negotiations, NLRB Administration, Presidential Appointments, Representation Elections, Senate, Unions, White House
AFL-CIO Implores President Obama to Nominate a Full Labor Board: Ben James of Law360 ($$) writes that yesterday, the AFL-CIO executive council drafted a policy statement calling on President Obama to nominate a full slate of five members to the National Labor Relations Board. The AFL-CIO, representing 57 affiliate unions, further pledged to hold obstructing Senators from either party accountable for any foot-dragging. “The president must… Continue Reading