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Labor Relations Today

Category Archives: Senate

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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

More About Sen. Bernie Sanders’ Card Check Proposal

Posted in Card Check, EFCA, Interest Arbitration, Legislation, NLRA, Representation Elections, Senate, White House
On Tuesday, presidential candidate and current Senator Bernie Sanders (I-VT) announced that he, and ten Senate co-sponsors, would introduce the Workplace Democracy Act (S. 2142). The bill — a verbatim reiteration of two provisions of the Employee Free Choice Act in the 110th & 111th Congresses — would: certify a union as the exclusive bargaining… Continue Reading

Senator Sanders (I/D-VT) Re-Introduces Employee Free Choice Act

Posted in Card Check, EFCA, House of Representatives, Interest Arbitration, Legislation, NLRA, Remedies, Representation Elections, Senate, White House
At a press conference on the afternoon of Tuesday, October 6, 2015, Democratic presidential candidate Senator Bernie Sanders of Vermont announced that he and Rep. Mark Pocan (D-WI) would introduce the “Workplace Democracy Act” (S. 2142, H.R. 3690). This bill would amend the National Labor Relations Act to facilitate union organizing by requiring certification based on “card check” —… Continue Reading

More About the Protecting American Jobs Act (S. 2084)

Posted in Federal Court Litigation, House of Representatives, Legislation, NLRA, NLRB, NLRB Administration, NLRB Rule-Making, Senate
As noted yesterday, Senator Mike Lee (R-UT) has introduced a bill to curtail the authority of the National Labor Relations Board.  The Protecting American Jobs Act (S. 2084) — co-sponsored by Sens. Ted Cruz (R-TX) and Tom Cotton (R-AR) — is analogous to a House bill (H.R. 1893) introduced earlier in 2015, now with seventy… Continue Reading

Senator Alexander Accuses NLRB, OSHA of Coordinated Effort to Change the Law

Posted in Joint Employer, Legislation, NLRA, NLRB, Senate
On September 23, 2015, Senator Lamar Alexander (R-Tenn.) stepped up his attacks on the National Labor Relations Board (“the Board”), accusing the Board of engaging in a coordinated effort with the Occupational Health and Safety Administration (“OSHA”) to change corporate liability laws.  During a hearing, Senator Alexander referred to news reports claiming that OSHA officials… Continue Reading

Sixth Circuit Panel Criticizes NLRB Jurisdiction Over Indian Tribes, But Affirms Exercise

Posted in Federal Court Litigation, House of Representatives, NLRA, NLRB, Senate
When Congressional Subcommittee Chairman Phil Roe (R-TN) commenced a hearing last month on the Tribal Labor Sovereignty Act of 2015 (H.R. 511), he explained: The subjective nature of the [NLRB]’s process for determining jurisdiction has also produced a mess of legal confusion. Years of litigation have produced inconsistent and misguided board decisions, compounding the uncertainty… Continue Reading

The Road Ahead: Top 10 Labor Issues to Watch in the Back Half of 2015

Posted in Amici Briefs, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, NLRA, NLRB, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Representation Elections, Senate, State/Local Issues
road ahead1.  Will the Courts Uphold the New Expedited Election Rules? The National Labor Relation Board’s new expedited election rules took effect on April 14, 2015, but not before two lawsuits could be filed seeking to invalidate them in January 2015. The first lawsuit was filed by business groups, including the U.S. Chamber of Commerce, in… Continue Reading

House, Senate Propose NLRB Budget Cuts and Policy Limitations

Posted in House of Representatives, NLRA, NLRB, NLRB Rule-Making, Senate
The House and Senate appropriations committees both advanced bills on June 17 and June 23, respectively, seeking to slash the National Labor Relations Board’s budget. The House’s bill seeks a 27 percent reduction, taking the NLRB’s current budget of $274 million down to $200 million. Meanwhile, the Senate bill proposes a ten percent reduction of… Continue Reading

Senators Grill Board Members On Requested Budget Increase

Posted in Legislation, NLRB, Quick Hits, Representation Elections, Senate
Yesterday, the Labor, Health and Human Services, Education and Related Agencies Subcommittee of the U.S. Senate Appropriations Committee held a hearing to discuss the National Labor Relations Board’s 2016 budget proposal.  The proposal, coming in a year where the Board has released several decisions that have angered Republicans, seeks a $3.8mm increase in funds in… Continue Reading

Senate Tables Quickie Election Veto

Posted in NLRB, NLRB Rule-Making, Quick Hits, Representation Elections, Senate, White House
Yesterday, the United States Senate voted 96-3 to table President Obama’s veto of a Republican attempt to scupper the now-infamous “quickie-election” regulations.  The move to table the override vote effectively amounts to Republicans admitting defeat on the issue. As we wrote back in March, President Obama vetoed a Congressional measure of disapproval, which would have blocked the implementation… Continue Reading

President Vetoes GOP Attempt To Nix Quickie Election Rules

Posted in House of Representatives, Legislation, NLRA, NLRB, Quick Hits, Representation Elections, Senate, Unions, White House
In an unsurprising move, earlier today President Obama vetoed a measure put forward by House and Senate Republicans under the auspices of the Congressional Review Act (CRA) that would have invalidated the National Labor Relations Board’s “quickie election” procedures.  The rules, set to take effect in about two weeks, could shrink the period from the… Continue Reading

Chamber Fires Another Round At Quickie Election Rules

Posted in Federal Court Litigation, House of Representatives, NLRA, NLRB, NLRB Rule-Making, Quick Hits, Representation Elections, Senate, Unions, White House
This week, the U.S. Chamber of Commerce and other trade groups filed a Motion in the U.S. District Court for the District of Columbia, arguing that the National Labor Relations Board’s “quickie election” rules should be invalidated. The rules, which were published at the end of last year in the Federal Register, would allow a… Continue Reading

House Passes Measure Disapproving of Quickie Election Procedures

Posted in House of Representatives, Legislation, NLRA, NLRB, Quick Hits, Representation Elections, Senate, Unions, White House
As expected, the U.S. House of Representatives followed the Senate’s lead and passed a measure under the auspices of the Congressional Review Act (CRA) that expresses disapproval of the National Labor Relations Board’s new “quickie election” procedures.  Among other radical changes made by the Board, the “quickie election” procedures would allow a labor union to hold… Continue Reading

House Debating Quickie Election Rules After Senate Disapproval Measure Passed

Posted in House of Representatives, Legislation, NLRA, NLRB, Quick Hits, Representation Elections, Senate, Unions, White House
As we predicted ($$), the Senate yesterday passed a resolution under the Congressional Review Act (CRA) disapproving of the National Labor Relations Board’s “quickie election” rules.  The quickie election rules, which the Board passed in December, would allow a labor union to hold an election in as little as 11 days after the Board receives an… Continue Reading

Congress Has Quickie Election Rule In Its Sights

Posted in House of Representatives, NLRA, NLRB, Quick Hits, Representation Elections, Senate
On Monday, Senate Republicans exercised a rarely-used power in an attempt to strike down the National Labor Relations Board’s controversial “quickie election” rule.  The rule, which goes into effect in April of this year, is designed to allow labor unions to hold a union election in as little as 11 days after the filing of… Continue Reading

GOP Senators Introduce NLRB Reform Act

Posted in Legislation, NLRB, Quick Hits, Senate
Yesterday, Senate Majority Leader Mitch McConnell (R-KY) and Senator Lamar Alexander (R-TN), the chairman of the Health, Education, Labor and Pensions (HELP) Committee, proposed new legislation designed to rein in what they believe to be a very “activist” National Labor Relations Board.  Dubbed the NLRB Reform Act, the legislation is also intended to reduce the… Continue Reading

Democrats Support Quickie Election Rules

Posted in Federal Court Litigation, NLRB, Quick Hits, Senate, Unions
Yesterday, 16 Senate Democrats sent a letter to Mark Gaston Pearce, the Chairman of the National Labor Relations Board, urging him to “vigorously defend” the Board’s controversial quickie election procedures.  Issued last month, the “quickie election” rules are designed to cut down the time between the filing of an election petition to a vote to… 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

Senate Confirms McFerran’s Nomination

Posted in NLRA, NLRB, Quick Hits, Senate
Yesterday, the United States Senate voted 54-40 to confirm President Obama’s nomination of Lauren McGarity McFerran to the National Labor Relations Board.  McFerran’s nomination to the Board came before the full Senate after the Health, Education, Labor and Pensions (HELP) Committee approved her appointment along party lines. Labor watchers were not surprised that McFerran’s nomination met… Continue Reading

HELP Committee Advances McFerran’s Nomination

Posted in NLRA, NLRB, Quick Hits, Senate
Yesterday, the Senate Health, Education, Labor and Pensions (HELP) Committee approved President Obama’s most recent nominee to the National Labor Relations Board.  Nominee Lauren McFerran has served as the HELP committee’s chief labor counsel since 2010.  If her nomination is approved by the full Senate, McFerran will replace current Board member Nancy Schiffer, whose term expires… Continue Reading

New Board Nominee Goes Before HELP Committee

Posted in NLRA, NLRB, Quick Hits, Senate
Yesterday, the Health, Education, Labor and Pensions Committee (HELP) held a hearing concerning Lauren McFerran’s nomination to the National Labor Relations Board.  The reader may recall that Ms. McFerran is President Obama’s second choice for this position, with first-choice Sharon Block’s nomination being withdrawn under pressure from Senate Republicans. Member Nancy Schiffer’s term expires on… 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

GOP Looks To Rein In NLRB

Posted in Legislation, NLRA, NLRB, Quick Hits, Senate, Unions
As we briefly mentioned last week, Senate Republicans will very likely seek to revamp federal labor law should they gain control of the Senate in November.  While the numbers are tight, politicos expect Republicans to take back the Senate from Democratic control.  If this occurs, Senator Lamar Alexander (R-TN) will likely reintroduce key measures from… Continue Reading