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Labor Relations Today

Category Archives: White House

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Navigating the Overlap Between President Obama’s “Equal Pay” Orders for Federal Contractors and the NLRA

Posted in Executive Orders, Government Contracting, Legislation, NLRA, Senate, White House
On April 8, 2014, President Obama signed an Executive Order directing the Department of Labor (“DOL”) to propose new regulations and rules to prohibit Federal contractors from discriminating against employees for inquiring, discussing or disclosing their compensation, or the compensation of other employees.  The new order, entitled “Non-Retaliation For Disclosure of Compensation Information,” amends Executive Order … 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

Department of Labor’s Persuader Rule Postponed to March 2014

Posted in Department of Labor, Persuader Rules, Representation Elections, White House
Just before the Thanksgiving holiday, the Department of Labor pushed back its target date from November 2013 to March 2014 for publishing its final rule regarding the “advice exception” to the so-called “persuader rule” in the Labor-Management Reporting Disclosure Act of 1959 (LMRDA). Because the proposed rule has significant monetary and legal implications for employers, … Continue Reading

Federal Shutdown Ended, National Labor Relations Board to Resume Full Operations Today

Posted in House of Representatives, Legislation, NLRB Administration, Senate, White House
Last night, the President signed legislation which, among other things, ends the sixteen-day shutdown of the federal government. As outlined in its September 27, 2013 Contingency Plan, the National Labor Relations Board set out to recall furloughed Board workers to their positions.  As of this time, information is lacking on the Board’s website and Twitter feed, … 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: 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

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

@LRToday Morning Round-Up: July 22, 2013

Posted in Media Round-Up, Negotiations, Pensions, Unions, White House
Oakland, City Employees Reach Labor Deal: The San Francisco Gate reports that the city of Oakland, California has reached an agreement with the city’s two largest labor unions, giving over 3,000 city workers their first raises in six years. The employees were represented in negotiations by the Service Employees International Union (SEIU) and the International Federation of … 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

Department of Labor Sets November 2013 Date For New Persuader Rules Expanding Reporting Requirements for Employers and Counsel

Posted in Department of Labor, NLRA, Persuader Rules, Representation Elections, Unions, White House
Last Wednesday, as most folks were consumed with getting a jump on long holiday weekend traffic, the White House released its spring Unified Agenda.  The Agenda, submitted months late, details the Presidential administration’s regulatory plans for the months ahead. One notable entry, among the thousands, indicates that the DOL’s intended revisions to limit drastically the “advice exception” in the Labor-Management Reporting and Disclosure Act … Continue Reading

@LRToday Morning Round-Up: June 11, 2013

Posted in Media Round-Up, NLRB Administration, Representation Elections, Unfair Labor Practices, Unions, White House
 Board Holds That PLU Faculty Can Unionize: Gabriel Spitzer of NPR reports that the National Labor Relations Board recently ruled that adjunct faculty at Pacific Lutheran University should be allowed to form a union. The Board’s Northwest Region found that PLU faculty should be allowed to vote on unionization because PLU is not technically a religious … 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

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

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

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

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: 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

@LRToday Morning Round-Up: February 14, 2013

Posted in Legislation, Media Round-Up, Presidential Appointments, Unions, White House
Congress Reacts to President’s Renominations of Block and Griffin: Yesterday, @LRToday reported that President Obama had resubmitted the nominations of Richard Griffin and Sharon Block, both Democrats, for positions on the National Labor Relations Board. The President’s nominations have sparked varying reactions in Washington, according to Kevin Bogardus of The Hill.  Republican Senator Tom Harkin (Iowa), chair of … Continue Reading

President Obama Renominates Block and Griffin to the NLRB

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, White House
Today President Obama renominated Sharon Block and Richard Griffin to the National Labor Relations Board as part of a package of nominations sent to the Senate. Last month the D.C. Circuit Court of Appeals held in Noel Canning v. NLRB, Case No. 12-1115 (D.C. Cir. Jan. 25, 2013) that Block’s and Griffin’s January 2012 recess … Continue Reading

Government Contractors Need to Consider Labor-Management Impact of Recent FAR Implementation

Posted in Executive Orders, Government Contracting, Negotiations, Unions, White House
On January 18, 2013, the Federal Acquisition Regulatory (“FAR”) Council implemented Executive Order (“E.O.”) 13495 (“Nondisplacement of Qualified Workers Under Service Contracts”) into regulation at FAR Subpart 22.12.  Our colleagues at McKenna Long & Aldridge’s Government Contracts Advisor blog report:  FAR Subpart 22.12 requires successor service contractors and subcontractors (whose contracts are above the simplified acquisition threshold) … Continue Reading

Labor Relations Today Releases ‘Labor Law 2012: A Year in Review’

Posted in Federal Court Litigation, House of Representatives, Legislation, Media Round-Up, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
It was going to be hard to top 2011 in terms of unique and dynamic labor law developments. But 2012 may just have lived up to the task. Seeking to ensure that the Board would have a quorum to operate during the year, on January 4, 2012, President Obama attempted the "recess" appointment of three … Continue Reading

Circuit Court Invalidates President Obama’s Purported Recess Appointments to National Labor Relations Board, Finds Lack of Quorum

Posted in Federal Court Litigation, NLRB Administration, NLRB Decisions, Presidential Appointments, SCOTUS, Senate, White House
This afternoon, the Circuit Court of Appeals for the D.C. Circuit effectively undid everything the National Labor Relations Board did in 2012. In Noel Canning, a Division of the Noel Corporation v. National Labor Relations Board, No. 12-1115 (D.C. Cir. Jan. 25, 2013), the Court ruled that the Board lacks a quorum because President Obama’s … Continue Reading