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Labor Relations Today

Category Archives: Legislation

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@LRToday Morning Round-Up: May 7, 2013

Posted in Legislation, Media Round-Up, NLRB Decisions, Unions
Board Orders USPS to Turn Over Test Scores to Union: Dan Prochilo of Law360 ($$) writes that last Thursday, the National Labor Relations Board ordered the United States Postal Service to turn over the results of an aptitude test to union officials who were investigating potential improper hiring practices. The Board held that the union’s stated goal of acting… Continue Reading

@LRToday Morning Round-Up: March 12, 2013

Posted in Legislation, Media Round-Up, State/Local Issues, Unions
Bankruptcy Court OKs Dewey WARN Class-Action: Maria Chutchian of Law360 ($$) reports that last Friday, a New York bankruptcy court signed a proposed consent order that would allow former Dewey and LeBoeuf employees to proceed with a collective WARN action. The Federal WARN statute provides that employers must provide workers with at least sixty-days’ notice prior to any mass layoffs.… Continue Reading

@LRToday Morning Round-Up: February 21, 2013

Posted in Legislation, Media Round-Up, State/Local Issues, Unfair Labor Practices, Unions
Texas Legislature Introduces Secret Ballot Bills: Jess Davis of Law360 ($$) reports that identical bills have been introduced in the Texas House and Senate that would require labor union elections to be conducted by secret ballot. Furthermore, a majority of those who would be affected by union representation would have to sign on in order to approve… Continue Reading

@LRToday Morning Round-Up: February 14, 2013

Posted in Legislation, Media Round-Up, Presidential Appointments, Unions, White House
Congress Reacts to President’s Renominations of Block and Griffin: Yesterday, @LRToday reported that President Obama had resubmitted the nominations of Richard Griffin and Sharon Block, both Democrats, for positions on the National Labor Relations Board. The President’s nominations have sparked varying reactions in Washington, according to Kevin Bogardus of The Hill.  Republican Senator Tom Harkin (Iowa), chair of… Continue Reading

Labor Law in Flux: The Ripple Effect of Noel Canning

Posted in Federal Court Litigation, Legislation, NLRA, NLRB Administration, NLRB Decisions, NLRB Misc., NLRB Rule-Making, Presidential Appointments, Senate, Unfair Labor Practices
In the two weeks following the D.C. Circuit Court of Appeals’ monumental decision in Noel Canning v. NLRB, Case No. 12-1115 (D.C. Cir. Jan. 25, 2013), there have been a number of developments as employers, labor groups, and employees grapple with the practical implications of the court’s holding that President Obama’s recess appointments to the… Continue Reading

Labor Relations Today Releases ‘Labor Law 2012: A Year in Review’

Posted in Federal Court Litigation, House of Representatives, Legislation, Media Round-Up, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
It was going to be hard to top 2011 in terms of unique and dynamic labor law developments. But 2012 may just have lived up to the task. Seeking to ensure that the Board would have a quorum to operate during the year, on January 4, 2012, President Obama attempted the "recess" appointment of three… Continue Reading

Republican Senators Introduce Bills to Enforce Noel Canning Holding on NLRB

Posted in Federal Court Litigation, Legislation, NLRB Administration, Presidential Appointments, Senate
Following the Noel Canning decision of the D.C. Circuit Court of Appeals, NLRB Chairman Mark Gaston Pearce issued a statement that the Board would proceed with "business as usual". In response, yesterday Republican Senators Mike Johanns (R-NE), Lamar Alexander (R-TN) and John Cornyn (R-TX) introduced the “Restoring the Constitutional Balance of Power Act of 2013”… Continue Reading

@LRToday Morning Round-Up

Posted in Legislation, Media Round-Up, NLRB Misc., State/Local Issues, Unfair Labor Practices
Right-To-Work Amendment Fails in VA Senate: Natalie Rodriguez of Law360 ($$) reports that a proposed amendment to the Virginia state constitution has failed in the Senate. The amendment, proposed by Sen. Richard Black (Republican), would have made Virginia a "Right to Work" state. The amendment would have prohibited a labor union from denying a non-member the right to… Continue Reading

@LRToday Morning Round-Up: June 8, 2012

Posted in Legislation, Media Round-Up, NLRB
South Carolina Bill Discourages Union Activity: Andrew M. Ballard of Bloomberg BNA ($) writes that South Carolina’s legislature ratified a scaled-back bill designed to discourage union activity in South Carolina. Under the terms of the bill, it would increase monetary penalties for violations of the state’s right-to-work law and would allow employers to display a… Continue Reading

Senate Rejects Resolution to Block National Labor Relations Board’s “Quickie” Election Rule

Posted in EFCA, Legislation, NLRB Rule-Making, Representation Elections, Senate
Yesterday and today the Senate debated and voted on S.J. Res 36, a Resolution of Disapproval aimed at prohibiting the National Labor Relations Board from implementing its new election rules that will shorten the time between the filing of an NLRB petition and the conduct of a union representation election. The Senate rejected the resolution… Continue Reading

Next Week, U.S. Senate Will Debate Resolution to Block National Labor Relations Board’s “Quickie” Election Rule

Posted in Federal Court Litigation, House of Representatives, Legislation, NLRB Rule-Making, Representation Elections, Senate
Earlier this week, one new National Labor Relations Board rule was put on indefinite hold.  Now Senate Republicans are taking aim at another Board initiative set to go into effect on April 30, 2012 — the rule designed to expedite union representation elections.  Earlier today, Senator Mike Enzi (R-WY), Ranking Member on the Senate Health,… Continue Reading

Georgia State Senate Committee Approves Bill Addressing Picketing of Residences and Notice of Rights

Posted in Legislation, NLRA, State/Local Issues
The Georgia State Senate Insurance and Labor Committee voted unanimously in favor of a bill that would prohibit mass and targeted picketing of private residences and require employers to post notices informing employees of their right to work without joining a labor union. Picketing of Residences Georgia Senate Bill 469 proposes to amend the Georgia… Continue Reading

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

Labor Relations Today Releases “Labor Law 2011: A Very Active Year in Review”

Posted in Executive Orders, Federal Court Litigation, Government Contracting, Legislation, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Misc., NLRB Rule-Making, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, Unfair Labor Practices, White House
2011 was the most dynamic year in labor law in quite some time.  Fueling many of the changes last year were the impending departures of National Labor Relations Board Chairman Wilma Liebman and Member Craig Becker. With no certainty as to when Liebman or Becker might be properly replaced, the Board acted aggressively while it… 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

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

Redlined NLRB Rules and Regs at Issue at Today’s Meeting and Vote

Posted in Legislation, NLRB Rule-Making, Representation Elections
In advance of today’s 2:30 p.m. meeting of the National Labor Relations Board to vote on rule changes to expedite union representation elections, we revisited the redlined Rules previously issued by the Board.  Following the release of today’s proposed Resolution by the Chairman, we have highlighted in yellow the portions of these changes which the Board… 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

NLRB to Vote on Elements of Proposed “Quickie Election” Rules on November 30th

Posted in EFCA, Legislation, NLRB Administration, NLRB Rule-Making, Representation Elections, SCOTUS
The National Labor Relations Board announced today that it has scheduled a vote on whether to adopt “a small number” of the changes to its election procedures that the Board proposed back in June.  According to the Board, “[t]he proposed amendments are intended to reduce unnecessary litigation, streamline pre- and post-election procedures, and facilitate the… Continue Reading

Senator Johnny Isakson (R-GA) Introduces Bill to Reverse NLRB’s “Micro-Union” Decision

Posted in Legislation, NLRB Decisions, Representation Elections, Senate
Late last week, Senator Johnny Isakson (R-GA) introduced the Representation Fairness Restoration Act (S. 1843) — legislation designed to reverse the National Labor Relations Board’s August 26, 2011 decision in the Specialty Healthcare case. In that decision, the Board overruled 20 years of practice regarding how it determines the "appropriate unit" in non-acute health care facilities.  More importantly, however, the… 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

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