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Category Archives: Beyond EFCA: Labor’s Agenda

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Sen. Sanders (I-VT) and Rep. Pocan (D-WI) Introduce Bill To Facilitate Union Organizing — Includes Card Check And A Lot More

Posted in Beyond EFCA: Labor's Agenda, Card Check, Department of Labor, EFCA, House of Representatives, Interest Arbitration, Joint Employer, Legislation, Negotiations, NLRA, Persuader Rules, Representation Elections, Right to Work, Senate, Unfair Labor Practices, Unions
Senator Bernie Sanders (I-VT), joined by a number of union leaders and Democratic lawmakers, yesterday announced introduction of the “Workplace Democracy Act” in the Senate.  The bill recycles a number of the failed legislative and administrative efforts of the past decade or so to reform labor law to facilitate union organizing, including the Employee Free… Continue Reading

District Court Permanently Enjoins Department of Labor’s Persuader Rule

Posted in Beyond EFCA: Labor's Agenda, Department of Labor, Federal Court Litigation, Representation Elections, Unions
The United States District Court for the Northern District of Texas has made permanent its June 27, 2016 nationwide preliminary injunction against the Department of Labor’s March 2016 Persuader Rule. The rule would, among other things, require financial reporting and disclosure by employers and their consultants of any agreement or arrangement by which the consultant… Continue Reading

Board Member Hirozawa Endorses “Members Only” Union Recognition in Concurring Opinion as Term Expires

Posted in Beyond EFCA: Labor's Agenda, Duty to Bargain, Negotiations, NLRA, NLRB Decisions, NLRB Rule-Making
In one of the final decisions of his expired term, Board Member Kent Hirozawa sanctioned a long-rejected interpretation of the National Labor Relations Act which would impose an obligation on employers to bargain with “members only” unions. Endorsing a theory outlined most thoroughly by Professor Charles Morris in his 2005 book, “The Blue Eagle at… 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

Quick Hits: Monday, September 21, 2015

Posted in Beyond EFCA: Labor's Agenda, Media Round-Up, NLRA, NLRB Decisions, Quick Hits
ICYMI — Dems Intro “WAGE” Act: We reported last week on the drastic legislative proposal introduced to increase NLRB penalties against employers, to facilitate union organizing. In addition to our summary piece and this document including proposed changes to the NLRA in redline, we provided links to some additional resources and coverage. Add to those, this Washington… Continue Reading

More About the Workplace Action for a Growing Economy (WAGE) Act (S. 2402)

Posted in Beyond EFCA: Labor's Agenda, Legislation, Legislative Strategy, NLRA, Remedies, Unions
Here is the text of the bill. Here is our red-lined version of the NLRA incorporating the revisions proposed by the bill. Here is the AFL-CIO blog post urging its passage. Here is Richard Trumka’s blog piece in The Hill today. Here is a Fact Sheet provided by Rep. Susan Davis (D-CA). Collected media coverage:… Continue Reading

Democrats Introduce Bill To Increase Dramatically NLRA Penalties Against Employers

Posted in Beyond EFCA: Labor's Agenda, EFCA, Legislation, NLRA, Remedies, Representation Elections, Unions
On Thursday, September 17, 2015, Senator Patty Murray (D-WA) and Representative Bobby Scott (D-WA) introduced the Workplace Action for a Growing Economy (WAGE) Act (S. 2042).  The bill, promoting collective-bargaining and labor unions by drastically enhancing penalties against employers under the National Labor Relations Act, is being proposed primarily as an election season litmus test, with… Continue Reading

National Labor Relations Board Issues Final Rule Expediting Union Representation Elections

Posted in Beyond EFCA: Labor's Agenda, Expedited Elections, NLRA, NLRB Administration, NLRB Decisions, Representation Elections, Unions
On the heels of yesterday’s Purple Communications, Inc. decision, the National Labor Relations Board today has taken more significant measures to facilitate union organizing.  The Board today has announced issuance of its final rule overhauling representation election procedures to expedite union representation elections. The Board rule contains many of the same controversial measures published in… Continue Reading

Reports: Andy Stern to Resign From SEIU

Posted in Beyond EFCA: Labor's Agenda, EFCA, Special Interests
Politico‘s Ben Smith tonight reports that Andy Sterm, President of Service Employees International Union (SEIU), one of the most powerful labor leaders and political figures in America, is resigning: The President of an SEIU local based in Seattle, Diane Sosne, broke the news to her staffers at 11:35 this morning, local time. "Last night I… Continue Reading

MLA Launches “Labor Relations Today” Blog

Posted in Alternative Labor Law Reform, Beyond EFCA: Labor's Agenda, EFCA, NLRB
The Labor & Employment Team at McKenna Long & Aldridge LLP is launching Labor Relations Today, a blog providing analysis, resources and commentary regarding current and emerging issues in labor and employment law. Led by MLA partners Richard B. Hankins and Seth H. Borden, the authors of EFCA Report, the new blog seeks to become the… Continue Reading

President Obama Makes Recess Appointments of Two Democratic Appointees to NLRB; Declines to Appoint His Republican Nominee

Posted in Beyond EFCA: Labor's Agenda, EFCA, Filibuster, Media Round-Up, Senate, White House
Earlier today, President Obama announced that he would make recess appointments of nominees Craig Becker and Mark Gaston Pearce to the National Labor Relations Board.  CNN reports that White House deputy communications director Jen Psaki highlighted these appointments: "The roadblocks we’ve seen in the Senate have left some government agencies like the National Labor Relations Board… Continue Reading

EFCA Round-Up: Wednesday, March 17, 2010

Posted in Beyond EFCA: Labor's Agenda, EFCA, Senate, White House
While the ongoing wrangling over healthcare legislation remains the major topic of the day, a few items regarding EFCA have found their way into the news cycle recently. Senator Blanche Lincoln (D-AR), one of the most prominent Democrat critics of EFCA, is facing a primary challenge in her 2010 re-election bid.  Her challenger, Lt. Governor… Continue Reading

New Republic: President Should Recess Appoint Becker “To Mollify Unions”

Posted in Beyond EFCA: Labor's Agenda, EFCA, Legislative Strategy, Senate, White House
Online today, NPR carries a piece from the New Republic’s John B. Judis entitled "Obama’s Hinge Moment."  It is a partisan piece, but generally accurate in the facts the author includes.  His argument: President Obama should recess appoint Craig Becker to the National Labor Relations Board to embolden labor unions.  In describing the prolonged history of Mr. Becker’s stalled… Continue Reading

Cloture Upheld 52-33 on Craig Becker Nomination

Posted in Beyond EFCA: Labor's Agenda, EFCA, Filibuster, Senate
The NAM_Shopfloor and Senatus twitter feeds are reporting, and media outlets are confirming, that the cloture motion to end debate on Craig Becker’s nomination to the National Labor Relations Board has failed by a 52-33 margin.  As everyone seems to know nowadays, 60 votes are required to end a filibuster. Observes NAM:  "Even with snow,… Continue Reading

Debate Over Becker Nomination, Potential Impact of EFCA Provisions, Continues

Posted in Beyond EFCA: Labor's Agenda, Card Check, EFCA, Interest Arbitration, Legislative Strategy, NLRB, Remedies, Senate, White House
The Senate Health, Education, Labor & Pensions (HELP) Committee is scheduled for an executive session tomorrow to consider pending nominations by the President.  The Hill reports today, however,  that a spokeswoman for HELP Committee Chairman Tom Harkin (D-Iowa) said the Committee will not be considering the re-nomination of Craig Becker to the NLRB this week.  Nonetheless, business groups continue to ramp up their opposition to… Continue Reading

NAM Asks Senate HELP Committee For Hearing On Becker Nomination To NLRB

Posted in Beyond EFCA: Labor's Agenda, EFCA, NLRB, Senate, White House
The National Association of Manufacturers (NAM) has sent a letter to the Senate Committee on Health, Education, Labor & Pensions (HELP) opposing the re-nomination of SEIU Associate General Counsel Craig Becker to the National Labor Relations Board (NLRB).  President Obama re-nominated Becker recently after his nomination was returned from the Senate in late 2009.  Among NAM’s many concerns about the nomination is the… Continue Reading

ShopFloor: Will EFCA Be Achieved Through NLRB?

Posted in Beyond EFCA: Labor's Agenda, EFCA, NLRB
Providing its analysis of the earlier WSJ piece, NAM’s incorporates insight from other sources as well, and concludes: And if the legislative path is blocked, there’s always the regulatory/administrative approach. As we’ve noted previously, one of President Obama’s nominees to the National Labor Relations Board is Craig Becker, an SEIU counsel who contends the… Continue Reading

Stern, Trumka To Meet With Obama Tomorrow

Posted in Beyond EFCA: Labor's Agenda, EFCA
Bloomberg News reports: One part of the health-care legislation that would help control costs is a tax on so-called Cadillac insurance plans that is part of the Senate bill, she said. As one way to pay for the changes, the Senate would impose a 40 percent tax on employer-provided insurance plans that exceed $8,500 for… Continue Reading

Sen. McCain (R-AZ) Blocks Confirmation of NLRB Nominees

Posted in Beyond EFCA: Labor's Agenda, EFCA, Senate, White House
The Wall Street Journal, Associated Press, and Crain’s Workforce Management report that Senator John McCain (R-AZ) placed a "hold" on Craig Becker’s nomination to the National Labor Relations Board, blocking Senate confirmation, notwithstanding approval by the Senate HELP Committee.  From the WSJ this afternoon: Becker’s nomination to the NLRB, which supervises union elections and referees disputes between employers… Continue Reading

Senate Committee to Act on Obama NLRB Nominees

Posted in Beyond EFCA: Labor's Agenda, EFCA, Senate, White House
President Obama’s three nominees to the National Labor Relations Board are headed Wednesday for a Committee vote by the Senate Health, Education, Labor and Pensions Committee.  Our observations about the climate in The Hill today:  As card-check has stalled in Congress, business groups’ attention has increasingly turned to the administration, which has taken more action on labor’s… Continue Reading

NLRB Petitions Supreme Court to Uphold Two-Member Board Decisions

Posted in Beyond EFCA: Labor's Agenda, EFCA
On Tuesday, September 29, 2009, on behalf of the National Labor Relations Board, the U.S. Solicitor General petitioned the Supreme Court for certiorari in two cases which address whether the Board can continue working with three of its five seats vacant. Earlier this year, in Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB, the D.C.… Continue Reading

President Obama Finally Nominates Three Members to NLRB

Posted in Beyond EFCA: Labor's Agenda, EFCA, White House
If you’ve been following us (or Daniel Schwartz) on Twitter, you are likely aware that President Obama has named the nominee for the third and final vacant seat on the NLRB — and has finally actually nominated the individuals he identified in April for the other two.  Brian Hayes has been tapped to join SEIU Associate General… Continue Reading

Why The Delay In President Obama’s NLRB Nominations?

Posted in Beyond EFCA: Labor's Agenda, EFCA, Special Interests, White House
Over a month ago, on Friday, April 24, 2009, President Obama announced his intention to nominate SEIU counsel Craig Becker and union attorney Mark Pearce as Members of the National Labor Relations Board.  But since then, the White House has declined to formally nominate either.  Why the delay?  Some insight this week via Kiplinger:  Since… Continue Reading

President Obama Expresses Reservations About EFCA in New Mexico Town Hall

Posted in Beyond EFCA: Labor's Agenda, Card Check, EFCA
USA Today’s The Oval blog just finished live-blogging President Obama’s town hall meeting from New Mexico.  During the Q&A period comes the following entry: 12:55 – A man asks about the "employee free choice act," which would help more unions form. Obama praises the contribution of unions to society, and worries about the decline in union membership.… Continue Reading

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