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Labor Relations Today

Category Archives: EFCA

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EFCA: Still Not A Dead Issue

Posted in EFCA, House of Representatives, Senate
ShopFloor.org today highlights a Pittsburgh Tribune piece about the Pennsylvania AFL-CIO convention entitled: "BIg Dem majorities in Congress in doubt as AFL-CIO meets."  NAM’s take on the labor leaders’ current strategy: "Take what you can get when you can get it."  When it comes to the Employee Free Choice Act, and the rest of organized labor’s agenda, NAM notes:… Continue Reading

EFCA: Still Not A Dead Issue

Posted in EFCA, House of Representatives, Legislation, Senate
ShopFloor.org today highlights a Pittsburgh Tribune piece about the Pennsylvania AFL-CIO convention entitled: "BIg Dem majorities in Congress in doubt as AFL-CIO meets."  NAM’s take on the labor leaders’ current strategy: "Take what you can get when you can get it."  When it comes to the Employee Free Choice Act, and the rest of organized labor’s agenda, NAM notes:… 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

Monday, April 5, 2010: EFCA Round-Up

Posted in EFCA
The Hill declares "Sen. Specter viewed as a model Democrat one year after switch": “He’s a very effective negotiator,” said Bill Samuel, legislative director of the AFL-CIO. “He played a very helpful role, as I understand it, in the internal conversations of the Democratic caucus on the Employee Free Choice Act and helped move it… 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

NLRB Member Schaumber Expresses Concern, Suggests Alternative Labor Law Reforms

Posted in Alternative Labor Law Reform, EFCA
  For the better part of the past twenty-eight months NLRB Member Peter Schaumber has worked with Chairman Wilma Liebman while the National Labor Relations Board has been operating with only two of its five positions filled.  This week, the U.S. Supreme Court heard oral argument in New Process Steel v. NLRB, Docket No. 08-1457, to pass upon the issue of… 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

VP Biden says administration “needs to find a strategy” on EFCA

Posted in EFCA, Legislative Strategy, NLRB, White House
The Wall Street Journal’s Kris Maher and other sources report that Vice President Joe Biden told attendees of the AFL-CIO annual winter meeting that there is still hope for the Employee Free Choice Act and a union-friendly National Labor Relations Board. “I know it doesn’t seem like it, but we’ve come a long way in… Continue Reading

MLA in Bloomberg Law Reports: “Key Remedial Elements of the Employee Free Choice Act That May Be Implemented Without Legislation”

Posted in EFCA, MLA Media, NLRB, Remedies
MLA attorneys Richard Hankins and Seth Borden co-authored a piece in today’s Bloomberg Law Reports entitled "Key Remedial Elements of the Employee Free Choice Act That May Be Implemented Without Legislation."  The piece explores the likelihood of a fully-constituted National Labor Relations Board pursuing an expansion of its recent approaches to injunctive relief, civil penalties, Gissel bargaining orders, and "first contract" remedies.   The… Continue Reading

Politico: Proponents Still Pushing EFCA

Posted in EFCA, Legislative Strategy, Media Round-Up, Senate, White House
Ben Smith writes in Politico of EFCA and other legislative initiatives, "Issues tabled, left still professes hope": The Obama White House has, through administrative action, done much to satisfy groups of supporters. The president has made record-breaking numbers of senior Hispanic appointments, for instance, and reinvigorated the agency that regulates workplace safety, a labor priority. But… Continue Reading

Media Round-Up: Senate Recess

Posted in Alternative Labor Law Reform, EFCA, Filibuster, Media Round-Up, Senate, White House
As the Senate Recess begins, observers continue to speculate whether President Obama will use recess appointments to place nominee Craig Becker on the National Labor Relations Board.  Last week, Becker’s nomination stalled in the Senate when a motion for cloture failed 52-33.  Later in the week, the President strongly suggested that he would not be… Continue Reading

Meyerson in WaPo: EFCA is Dead

Posted in EFCA, Expedited Elections, Filibuster, Legislative Strategy, NLRB, Senate, White House
The morning after the cloture vote failed on the nomination of Craig Becker to the National Labor Relations Board, harsh observations regarding EFCA’s prospects from Washington Post columnist Harold Meyerson: "Under Obama, labor should have made more progress".  Calling the Obama administration’s first year an "unmitigated disaster" for labor, Meyerson writes: For the unions, the Senate’s inability to pass… Continue Reading

Roll Call on Becker Cloture Posted

Posted in Alternative Labor Law Reform, EFCA, Filibuster, Senate
The Senate has posted the roll call on the Becker cloture vote here.  Let the political speculation begin.  What impact did the snow and the shutdown have?  What impact did Senator Nelson’s proclamation have on participation? These Senators did not cast a vote: Brownback (R-KS) Byrd (D-WV) DeMint (R-SC) Ensign (R-NV) Graham (R-SC) Gregg (R-NH) Hatch… 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

Pundits Continue To Weigh In On Becker Nomination, EFCA Angle

Posted in Alternative Labor Law Reform, Card Check, EFCA, Filibuster, Legislative Strategy, Senate
In advance of a probable filibuster (with growing support) over Craig Becker’s nomination to the National Labor Relations Board, Glen Spencer of the U.S. Chamber’s Workforce Freedom Initiative and former Clinton-Gore advisor Peter Mirijanian swapped commentary on Fox News earlier today: Watch the latest news video at video.foxnews.com The anchor led with the angle that… Continue Reading

Sen. Nelson (D-NE) to Join Filibuster of NLRB Nominee; “Referendum on EFCA”?

Posted in Alternative Labor Law Reform, EFCA, Filibuster, NLRB
Politico reports Monday night that Sen. Ben Nelson (D-Neb.) will support a Republican-led filibuster over President Barack Obama’s nomination of Craig Becker to serve on the National Labor Relations Board: “Mr. Becker’s previous statements strongly indicate that he would take an aggressive personal agenda to the NLRB, and that he would pursue a personal agenda there, rather… Continue Reading

Could Pieces Of EFCA Find Way Into Jobs Bill?

Posted in Alternative Labor Law Reform, EFCA, Interest Arbitration, Legislative Strategy, Remedies, Senate
As prospects for Senate passage of the Employee Free Choice Act, in its current form, have waned, observers have turned their attention to alternative ways in which the bill’s components might be implemented.  The possibility attracting the most commentary lately has been the prospect of a new National Labor Relations Board majority, sympathetic to organized labor,… 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

The Hill: AFL-CIO Will Continue to Push EFCA

Posted in EFCA, Senate
The Hill’s Kevin Bogardus reports that organized labor will continue to campaign for the Employee Free Choice Act despite the election of Scott Brown (R-MA) to the Senate.  Thursday, Bill Samuel, director of government affairs for the AFL-CIO, admitted that the election changed the dynamic in the Senate:   “We are obviously reevaluating our strategy,” Samuel said on… 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 ShopFloor.org 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

WSJ: Labor Leaders Assess EFCA’s Prospects After Brown Election in MA

Posted in EFCA, Filibuster, Legislative Strategy, Senate
Thursday’s Wall Street Journal reported that labor leaders met by phone to assess the impact of Wednesday’s election in Massachusetts.   The loss of the crucial 60th Democratic vote in the Senate and another major election cycle in 2010 are certain to affect Labor’s legislative agenda, including its pursuit of the Employee Free Choice Act: Tuesday’s win by Republican Scott Brown in Massachusetts… Continue Reading

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