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 writes that the decision is an outlier and at odds with decisions from other circuits.
“Even in the absence of a circuit conflict, it has been the board’s longstanding practice not to acquiesce in adverse decisions by individual courts of appeals in subsequent proceedings involving different parties,” Solomon said.
Representatives for 24 Hour Fitness could not be reached for comment. This is merely the most recent iteration of the Noel Canning aftermath. Expect more, and expect them to come thick and fast. We here at @LRToday have been following these stories since day 1 and will continue to do so.
NLRB Prepares for Possible Regional Furloughs in Light of Sequestration: Brett Neely of Minnesota Public Radio reports that regional employees of the National Labor Relations Board may soon begin to feel the effects of the recent sequestration budget cuts. In Minnesota, Board employees have been put on notice that they may be subject to as many as 22 furlough days between now and September 30, 2013.
"We have three daughters, adult daughters, and none of them live here and absolutely we’re postponing travel to see them until we see what’s going on," said Florence Brammer, who has worked as a trial attorney for the National Labor Relations Board in Minneapolis for 30 years.
Commendably, employees have promised to work just as hard, even though their paychecks will shrink. Congress is currently attempting to come up with a solution to the sequestration debacle, so as of this point any furloughs are only speculation. We will keep you posted as this situation develops.
Thomas Perez to be Named Secretary of Labor: Lisa Mascaro and Don Lee of the Los Angeles Times write that Harvard-educated attorney Thomas Perez, currently with the Justice Department, will be appointed the new Secretary of Labor by President Obama. Perez, a first generation American, served as a staff member to the late Sen. Edward Kennedy. His imminent appointment was lauded by labor leaders.
"He’s a first-generation American, so in a way his story is the immigrant story," said Christine Owens, executive director of the National Employment Law Project, an advocacy group for workers. "He’s always been deeply committed to immigrant workers’ rights, and I do think he can bring both a professional and personal perspective as we implement immigration reform."
Importantly, Perez’ appointment must be confirmed by the Senate, which could cause some problems for President Obama. We will keep you posted as the situation unfolds.