By Seth Borden on Posted in Filibuster,House of Representatives,Legislation,NLRA,Senate,UnionsEarlier this month, a bipartisan 239-173 majority of the House of Representatives passed the text of the Tribal Labor Sovereignty Act (H.R. 986) as an amendment to a Senate bill amending a 2010 law regarding Apache tribal water rights (S. 140). The Tribal Labor Sovereignty Act would amend the National Labor Relations Act to expressly clarify… Continue Reading
By Seth Borden on Posted in Executive Orders,Government Contracts,House of Representatives,Senate,White HouseOn March 6, 2017, by a party-line vote of 49-48, the United States Senate passed a resolution of disapproval (H.J. Res. 37) pursuant to the Congressional Review Act, to preclude enforcement of the Federal Acquisition Regulatory (FAR) Council’s final rule implementing President Obama’s “Fair Pay and Safe Workplaces” executive order. As outlined in greater detail in earlier… Continue Reading
By Seth Borden on Posted in House of Representatives,SenateIn early January, Chairman Lamar Alexander (R-TN) announced the addition of freshman Sen. Todd Young (R-IN) to the Senate Health, Education, Labor, and Pensions (HELP) Committee. Sen. Alexander said: I welcome Sen. Young to our committee and look forward to working with him on reforming our health care system to give Americans more choices of… Continue Reading
By Tyler S. Laughinghouse on Posted in House of Representatives,Joint Employer,Legislation,NLRA,NLRBOn October 28, 2015, the House Committee on Education and the Workforce met to mark up the Protecting Local Business Opportunity Act (H.R. 3459)—a bill designed to curtail the National Labor Relations Board’s recent expansion of “joint employer” under the National Labor Relations Act (“NLRA”). As previously discussed, the NLRB’s Browning Ferris Industries decision dramatically… Continue Reading
By Seth Borden on Posted in Department of Labor,Executive Orders,Government Contracting,House of RepresentativesOn May 28, 2015, the U.S. Department of Labor and the Federal Acquisition Regulatory (FAR) Council proposed regulatory amendments and guidance to implement the President’s Executive Order 13673, entitled “Fair Pay and Safe Workplaces.” What the Order and proposed regulations subject government contractors to a broad new set of record-keeping, reporting and compliance requirements. Failure to fulfill these… Continue Reading
By Seth Borden on Posted in Federal Court Litigation,House of Representatives,NLRA,NLRB,SenateWhen 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
By Brennan W. Bolt on Posted in House of Representatives,NLRA,NLRB,NLRB Rule-Making,SenateThe 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
By Seth Borden on Posted in House of Representatives,Legislation,NLRA,NLRB,State/Local IssuesA subcommittee of the House Committee on Education and the Workforce held a hearing on Tuesday, June 16, 2015 on H.R. 511, “The Tribal Labor Sovereignty Act of 2015.” The bill, which has a counterpart, S. 248, in the Senate, would amend the National Labor Relations Act to expressly exclude tribal employers from the Act’s definition… Continue Reading
By on Posted in House of Representatives,NLRA,NLRB,Quick HitsYesterday, National Labor Relations Board Chairman Mark Gaston Pearce was called to testify at a House of Representatives budget hearing. Chairman Pearce’s testimony covered a wide range of topics, beginning with the Board’s backlog of cases resulting from the Supreme Court’s invalidation of President Obama’s 2012 recess appointments to the Board. Chairman Pearce noted that… Continue Reading
By on Posted in House of Representatives,Legislation,NLRA,NLRB,Quick Hits,Representation Elections,Senate,Unions,White HouseAs 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
By on Posted in House of Representatives,NLRA,NLRB,Quick Hits,Representation Elections,UnionsThe U.S. House of Representatives is currently debating a resolution brought under the Congressional Review Act (CRA) that would express its disapproval of the National Labor Relations Board’s new “quickie election” procedures. The quickie election rules, set to go into effect next month, could allow a labor union to hold an election in as little… Continue Reading
1. 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