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Category Archives: House of Representatives

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Forty-Four Senators Introduce Resolution to Halt National Labor Relations Board Implementation of “Quickie” Election Rule

Posted in Federal Court Litigation, House of Representatives, Legislation, NLRB Rule-Making, Representation Elections, Senate, White House
Forty-four senators including Senator Mike Enzi (R-Wyo.), Ranking Member on the Senate Health, Education, Labor and Pensions (HELP) Committee, today introduced a Resolution of Disapproval (S.J. Res 36) challenging the National Labor Relations Board’s new rules expediting union representation elections. Passage of the Resolution, submitted under the Congressional Review Act (CRA), would allow Congress to… Continue Reading

President Obama Re-Nominates Three Members Previously “Recess” Appointed to NLRB

Posted in Federal Court Litigation, House of Representatives, NLRB Administration, Presidential Appointments, Senate, White House
Yesterday, President Obama  sent to the Senate the nominations of the three National Labor Relations Board Members which he previously appointed to the Board during a pro forma session of Congress last month.  The nominations read: Sharon Block, of the District of Columbia, to be a Member of the National Labor Relations Board for the term of five… Continue Reading

House Education and the Workforce Committee Holds Hearing Questioning NLRB “Recess” Appointments

Posted in House of Representatives, NLRB Rule-Making, Presidential Appointments, Representation Elections, SCOTUS
The House Education and the Workforce Committee held a hearing on President Obama’s January 4, 2012 "recess" appointments to the National Labor Relations Board. The hearing is the second of three scheduled on this issue — as the House Oversight and Government Reform Committee held a hearing last week, and the Judiciary Committee will hold… Continue Reading

Three Congressional Hearings on Tap For President’s “Recess” Appointments to NLRB

Posted in House of Representatives, NLRB Administration, Presidential Appointments, White House
If you have not been following the response to President Obama’s January 4, 2012 appointment of three Members to the National Labor Relations Board (along with Richard Cordray’s appointment as CFPB Director), you’ll have plenty of opportunity soon.  The House Oversight and Government Reform Committee, chaired by Rep. Darrell Issa (R-CA) will hold a hearing on Wednesday morning entitled, "Uncharted Territory: What… Continue Reading

Congress Announces Deal on FAA Re-Authorization, NMB Election Rule Stands With One Adjustment

Posted in House of Representatives, Legislation, Representation Elections, RLA, Senate
National Journal reports that House and Senate leaders have announced an agreement on the long-awaited reauthorization of the Federal Aviation Administration (FAA).  The deal includes Republicans backing down on their effort to reverse the May 2010 rule issued by the National Mediation Board (NMB) which changed the 75 year-old method for counting votes in union representation elections under the… Continue Reading

NLRB Announces Final Rule to Expedite Elections; Senator Announces Effort to Block Rule Via Congressional Resolution

Posted in House of Representatives, Legislation, NLRB Administration, NLRB Rule-Making, Representation Elections, Senate
The National Labor Relations Board announced today that it has adopted a final rule amending its election case procedures to shorten the time between the filing of a petition and the conduct of an election. The rule will be published in the Federal Register on Thursday, December 22, and is due to take effect on April 30,… Continue Reading

Department of Interior at Odds With National Labor Relations Board Over NLRA Application to Indian Tribes

Posted in House of Representatives, Legislation, NLRA, NLRB Decisions
Earlier this month, Patrice Kunesh the Department of Interior’s Deputy Solicitor for Indian Affairs sent a letter to National Labor Relations Board Acting General Counsel Lafe Solomon, urging the Board to exempt Indian tribes from coverage by the National Labor Relations Act. Until 2004, the NLRB’s position regarding jurisdiction over Indian tribes as employers was that tribes were exempt… Continue Reading

President Plans to Nominate Two Democrats to the NLRB

Posted in House of Representatives, Presidential Appointments, Senate, White House
President Obama announced yesterday plans to nominate two Democrats to the National Labor Relations Board. The planned nominees are Sharon Block, deputy assistant secretary for congressional affairs at the Department of Labor, and Richard Griffin, who is currently general counsel for the International Union of Operating Engineers. According to news sources, both have backgrounds in… Continue Reading

NLRB Approves Changes to Union Election Rules, 2 to 1

Posted in House of Representatives, Legislation, NLRB Rule-Making, Representation Elections
On Wednesday, the NLRB voted 2-to-1 to approve a resolution to amend the rules and regulations related to its election process. Chairman Mark Pearce and Member Craig Becker voted in favor of the changes and Member Brian Hayes voted against them. The amendments that passed were trimmed from a more comprehensive set of proposed changes published in… Continue Reading

NLRB Member Hayes: Board Plans to Ignore its Rules to Push Through “Quickie Elections”

Posted in House of Representatives, Legislation, NLRB Administration, NLRB Rule-Making, Representation Elections
When we reported yesterday that the National Labor Relations Board announced it had scheduled a November 30th vote regarding “a small number” of the changes to its election procedures that the Board proposed back in June, we speculated that current Board dynamics might prevent the Board from adopting a wide range of the controversial measures… Continue Reading

House Committee Seeks to Stop NLRB from Implementing New Election Rules

Posted in House of Representatives, Legislation, NLRB Rule-Making
In response to the National Labor Relations Board’s proposed changes to the rules governing representation elections, the House Committee on Education and the Workforce voted to send Committee Chairman John Kline’s (R-MN) "Workforce Democracy and Fairness Act" (H.R. 3094) bill to the floor earlier this week. The bill would guarantee that no representation election is held… Continue Reading

Graham NLRB Amendment to Appropriations Bill Fails 15-15 Committee Vote

Posted in House of Representatives, Legislation, NLRB Administration, Senate
On September 15, 2011, the House of Representatives passed The Protecting Jobs From Government Interference Act (H.R. 2587) which would prohibit the National Labor Relations Board from ordering any employer to close, relocate, or transfer a business. The Democratic majority in the Senate caused many to reasonably ask whether the House action mattered, as the bill… Continue Reading

House of Representatives Passes Bill to Limit NLRB’s Remedial Authority

Posted in House of Representatives, Legislation, NLRA, Remedies, Unfair Labor Practices
The House of Representatives today passed The Protecting Jobs From Government Interference Act (H.R. 2587) which would prohibit the National Labor Relations Board from ordering any employer to close, relocate, or transfer a business. The bill, introduced by Rep. Tim Scott (R-SC), on July 19, 2011 passed the House by a vote of 238-186. The… Continue Reading

FAA Furlough Likely to Continue for Weeks; Parties in Congress Differ on Impact of NMB Union Election Rule

Posted in House of Representatives, Representation Elections, RLA, Senate
Congress has adjourned for up to five weeks without passing a bill to extend funding for the Federal Aviation Administration, resulting in "unprecedented" furloughs due to a partial shutdown of agency operations.  Approximately 4,000 FAA employees are out of work following the July 22 failure of Congress to pass at least a temporary extension of funding… Continue Reading

House Committee Passes Bill to Limit NLRB Remedial Authority

Posted in Alternative Labor Law Reform, House of Representatives, Legislation, NLRA, NLRB Decisions, Remedies
The House Committee on Education and the Workforce passed a bill yesterday that would prohibit the National Labor Relations Board from ordering any employer to close, relocate, or transfer a business. The Protecting Jobs from Government Interference Act (H.R. 2587), introduced by Rep. Tim Scott (R-SC), is aimed, in part, at stopping the NLRB from proceeding with its complaint against the Boeing… Continue Reading

District Court Enjoins NLRB from Proceeding with ULP Hearing Against Indian Tribe

Posted in Federal Court Litigation, House of Representatives, Legislation, NLRA, NLRB Misc.
On Monday, the U.S. District Court for the Western District of Oklahoma issued a preliminary injunction in The Chickasaw Nation v. National Labor Relations Board, Case No. CIV-11-506-W, enjoining the National Labor Relations Board from proceeding with an unfair labor practice hearing against the Chickasaw Nation, a federally-recognized Indian Tribe. Relying on "a deep body… Continue Reading

NLRB Public Hearings on “Quickie” Elections to Proceed on July 18-19

Posted in House of Representatives, NLRB Rule-Making, Representation Elections, Senate
When the National Labor Relations Board announced its proposed rulemaking to shorten the time between the filing of representation petitions and the resulting elections, it announced that it would hold public hearings on July 18th (and possibly 19th).  It allowed interested parties a few days to request participation.  A number of public officials and employer… Continue Reading

Rep. Noem (R-SD) Introduces Bill to Clarify Lack of NLRB Jurisdiction Over Sovereign Indian Tribes

Posted in House of Representatives, Legislation, NLRA
On Thursday, Rep. Kristi Noem, (R-SD), introduced legislation to clarify that the National Labor Relations Board does not have jurisdiction over tribally owned businesses on reservation land as a matter tribal sovereignty. The bill, "To clarify the rights of Indians and Indian tribes on Indian lands under the National Labor Relations Act," (H.R. 2335) was… Continue Reading

House Subcommittee Hearing Looks at President Obama’s Executive Order Regarding PLA’s for Government Construction Contracts

Posted in Executive Orders, Government Contracting, House of Representatives, Legislation, Project Labor Agreements, White House
Last Friday, a subcommittee of the House Committee on Oversight & Government Reform held a hearing entitled "H.R. 735 And Project Labor Agreements: Restoring Competition & Neutrality To Gov’t Construction Projects".  The bill number identified in the hearing title, introduced earlier this year by  Rep. John Sullivan (R-OK), is the Government Neutrality in Contracting Act (H.R.… Continue Reading

House HELP Subcommittee Hearing Studies Union Corporate Campaigns and the NLRB

Posted in House of Representatives, Representation Elections, Unions
On May 26, 2011, the House Subcommittee on Health, Education, Labor & Pensions held a hearing entitled "Corporate Campaigns and the NLRB: The Impact of Union Pressure on Job Creation."  Subcommittee Chairman Rep. Phil Roe (R-TN) opened the hearing, defining "a corporate campaign" as a "union effort to disrupt an employer’s routine business" in order to put pressure on the… Continue Reading

WaPo Opinion: “Labor’s Hail Mary Pass”

Posted in EFCA, House of Representatives, Legislation, NLRA, Senate, Unions, White House
In today’s Washington Post, columnist Harold Meyerson chronicles frustration with the state of the labor movement in America and the resulting shift in the organizing strategy of the AFL-CIO and the SEIU.  In "Labor’s Hail Mary Pass," he asserts this shift "reflects a belief that the American labor movement may be on the verge of extinction and must radically… Continue Reading

Rep. Issa (R-CA) Seeks Information From National Mediation Board Regarding “Radical” Rule Change

Posted in House of Representatives, Representation Elections, RLA
On May 11, 2010, the National Mediation Board announced that it was changing a decades-old rule regarding the way votes are counted in union representation elections under the Railway Labor Act (RLA).  By letter dated May 17, 2011, Rep. Darrell Issa (R-CA), Chairman of the House Committee on Oversight and Government Reform, sent a letter… Continue Reading

NYT: National Labor Relations Board to Sue Arizona, South Dakota Over Anti-Card-Check Amendments

Posted in EFCA, Federal Court Litigation, House of Representatives, Legislation, NLRA, NLRB Misc., Representation Elections, Senate, State/Local Issues
Steven Greenhouse writes in the New York Times that the National Labor Relations Board plans to proceed with lawsuits against two of the four states it threatened earlier this year over state constitutional amendments to ban union recognition by card-check.  On January 14, 2011, Acting General Counsel Lafe Solomon advised the Attorneys General of Arizona,… Continue Reading

NAM Explores Political Future of NLRB Composition

Posted in House of Representatives, NLRB Administration, Presidential Appointments, Senate, White House
At its Shopfloor blog, the National Association of Manufacturers today revisits the status of the various nominations and appointments to the National Labor Relations Board.  President Obama nominated Member Craig Becker — a former professor and attorney for SEIU and the AFL-CIO — to the Board back in July of 2009.  In February 2010, the Senate… Continue Reading

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