Labor Relations Today

Labor Relations Today

Category Archives: SCOTUS

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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

Supreme Court to Decide Class Action Waiver Issue

Posted in Federal Court Litigation, NLRA, NLRB Decisions, SCOTUS, Unfair Labor Practices
The Supreme Court issued an order today agreeing to hear three cases involving the National Labor Relations Board’s holding that class and collective class action waivers violate Section 8(a)(1). According to the Board’s first decision on the matter in D.R. Horton, an “individual who files a class or collective action regarding wages, hours or working… 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

Labor Relations Today Issues ‘Labor Law 2015: Year in Review’

Posted in Alternative Labor Law Reform, Beyond EFCA: Labor's Agenda, Bush Board Reversal, Card Check, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracts, House of Representatives, Joint Employer, Legislation, Micro Units, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Remedies, Representation Elections, SCOTUS, Senate, Social Media, Unfair Labor Practices, Unions, White House
McGuireWoods labor attorneys and the editors of Labor Relations Today are pleased to announce the publication of Labor Law 2015: A Year In Review. For most of 2015, the National Labor Relations Board consisted of five members and the general counsel — all Senate-confirmed. This Board and the White House continued aggressive efforts to overhaul traditional labor law administratively,… 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

Board Rubber-Stamps Pair Of Recess-Appointment Decisions

Posted in Federal Court Litigation, NLRA, NLRB, Quick Hits, Representation Elections, SCOTUS, Unfair Labor Practices, Unions
The fall-out from the Supreme Court’s recent Noel Canning ruling continues.  Last week, the National Labor Relations Board revisited two cases that were brought back to life after the Supreme Court determined that the Board was unlawfully constituted when they were originally decided. Not surprisingly, the Board entered summary judgments against both Enterprise and Huntington… 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

Supreme Court’s Hobby Lobby Decision and Unionization

Posted in Interest Arbitration, Media Round-Up, NLRA, NLRB, SCOTUS
76754697Ned Resnikoff has a piece today at MSNBC.com opining that the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc., will provide employers a means of avoiding unionization: By declaring that “closely held” corporations may hold religious beliefs, the court may have provided businesses with a new tool for crushing workplace unionization drives. In addition… Continue Reading

Narrow Supreme Court Decision in Harris v. Quinn Casts Doubt On Future Of Public Sector Union Agency Fees

Posted in SCOTUS, Special Interests, State/Local Issues, Unions
While the Supreme Court’s other last-day-of-the-term decision in the Hobby Lobby case may have dominated the mainstream and social media’s attention yesterday, the high court also handed down a 5-4 decision in Harris v. Quinn, which may signal long-term implications for the American labor movement.  Writing for the Court, Justice Alito summed up the decision… 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

SCOTUS Affirms D.C. Circuit’s Noel Canning Decision

Posted in NLRA, NLRB, SCOTUS, Uncategorized, Unions, White House
178034180In an eagerly awaited ruling, the United States Supreme Court held today that it will uphold the D.C. Circuit’s Noel Canning ruling.  Issued on January 25, 2013, the D.C. Circuit held in Noel Canning that the National Labor Relations Board lacked a quorum because President Obama’s purported recess appointments of several members were unconstitutional.  Both 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

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