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Labor Relations Today

Category Archives: SCOTUS

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Supreme Court Lets Stand Ruling that NLRB Has “Unreviewable Authority” to Investigate Employers Subject to the Railway Labor Act

Posted in Federal Court Litigation, NLRB, NLRB Misc., RLA, SCOTUS, Unfair Labor Practices
On January 27, 2014, the Supreme Court dealt a blow to employers in the railway and airlines industries as it let stand an Eleventh Circuit decision in Amerijet International, Inc. v. NLRB, 520 Fed. Appx. 795 (11th Cir. 2013). The decision confirmed that the National Labor Relations Board (NLRB) has "the unreviewable authority to initially … 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

@LRToday Morning Round-Up: December 10, 2013

Posted in Media Round-Up, Negotiations, NLRA, NLRB Misc., SCOTUS, Unions
GOP Sens. Granted Oral Argument In Noel Canning: Abigail Rubenstein of Law360 ($$) writes that yesterday, the Supreme Court agreed to allow a lawyer representing all 45 Republican members of the Senate 15 minutes to argue that President Obama’s recess appointments to the National Labor Relations Board are invalid.  The motion, filed by Senate Minority Leader Mitch McConnell (KY), follows … Continue Reading

Supreme Court Hears Argument on Legality of Neutrality Agreements

Posted in Card Check, Corporate Campaigns, Federal Court Litigation, NLRA, Representation Elections, SCOTUS
Yesterday the Supreme Court heard oral argument in UNITE HERE Local 355 v. Mulhall involving the issue of whether the Labor-Management Relation Act’s prohibition on employers from providing a union with any "thing of value" extends to the promises an employer makes in a neutrality agreement. Last year the Eleventh Circuit held that "organizing assistance … Continue Reading

@LRToday Morning Round-Up: October 24, 2013

Posted in Media Round-Up, Negotiations, NLRB Decisions, Pensions, SCOTUS, Unfair Labor Practices, Unions
ALJ Holds That Bargaining Cannot Be Conditioned On Noel Canning: Abigail Rubenstein of Law360 ($$) writes that this week, a National Labor Relations Board Administrative Law Judge ruled that Professional Transportation, Inc. violated the National Labor Relations Act when the company attempted to use the possible invalidity of the D.C. Circuit’s Noel Canning decision as a bargaining … 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

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

Senate Nuclear Option Compromise Opens Door to National Labor Relations Board Confirmations by Next Month

Posted in Federal Court Litigation, Filibuster, NLRB Administration, SCOTUS, Senate, White House
After a long-evolving bit of brinksmanship over the continuing use of the filibuster in the Senate, a deal reportedly has been struck which paves the way for a five-member National Labor Relations Board to be seated near the end of the summer. Numerous media outlets report that the Senate this morning agreed to allow a … 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

Supreme Court to Decide Legality of Neutrality Agreements, Dynamics of Union Organizing Hang in the Balance

Posted in Card Check, Corporate Campaigns, Federal Court Litigation, Negotiations, NLRA, Representation Elections, SCOTUS
The Supreme Court agreed earlier this week to consider whether the Labor-Management Relations Act’s prohibition on employers from providing a union with any "thing of value" extends to the promises an employer makes in a neutrality agreement. Section 302 of the Labor-Management Relations Act, the federal labor anti-bribery statute, makes it unlawful for an employer … 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

Supreme Court Declines to Hear Appeal Challenging California Laws Allowing Unions to Picket on Private Property

Posted in Federal Court Litigation, SCOTUS, State/Local Issues
Today the Supreme Court denied to review an appeal in Ralphs Grocery Company v. United Food & Commercial Workers, Case No. 12-1162, challenging the constitutionality of two California laws that give organized labor the right to picket on the private property of a targeted business despite the property owner’s objections. The two state laws involved were … 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 24, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRA, Representation Elections, SCOTUS, Unions
Noel Canning Brief Urges SCOTUS to Uphold D.C. Circuit Ruling: Ben James of Law360($$) writes that Noel Canning, the soda-bottler at the center of the NLRB recess-appointment controversy, has filed a brief with the United States Supreme Court urging the Court to affirm the D.C. Circuit’s January ruling invalidating the President’s recess appointments to the National Labor Relations Board. … Continue Reading

@LRToday Morning Round-Up: May 22, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, SCOTUS, Unions
Ralphs Pushes Picketing Case Towards Supreme Court Review: Abigail Rubenstein of Law360 ($$) reports that this past Monday, Ralphs Grocery Store filed a brief with the Supreme Court, urging it to take Ralphs’ case and overturn a California ruling allowing union picketing at the store’s Sacramento branch. The brief argues that the California court’s decision violates the … 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 1, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, SCOTUS, Unfair Labor Practices, Unions
Ralph’s Grocery Asks SCOTUS to Weigh in on Picketing Row: Abigail Rubenstein of Law360 ($$) reports that Ralph’s Grocery Co. has asked the United States Supreme Court to overturn a decision of the Supreme Court of California allowing unions to picket on private property outside of its stores. The California Supreme Court recently ruled that a union’s picketing … 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

U.S. Supreme Court Denies Cert. in Casino Handbilling Case

Posted in Federal Court Litigation, NLRB Decisions, SCOTUS
On Monday, March 18, 2013, the U.S. Supreme Court announced that it will not review the D.C. Circuit Court’s decision affirming a National Labor Relations Board rule allowing a third-party contractor’s employees to distribute pro-union handbills to customers on the employer’s premises. In the underlying NLRB decision, New York, New York, LLC d/b/a/ New York … Continue Reading