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Category Archives: Legislation

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The American Jobs Act of 2011’s Davis-Bacon and Project Labor Agreement Requirements

Posted in Davis-Bacon, Executive Orders, Government Contracting, Legislation, Project Labor Agreements, Senate, White House
On September 13, 2011, Senate Majority Leader Harry Reid (D-NV) introduced President Obama’s “American Jobs Act of 2011” (S. 1549). The President has been on a barn-storming tour, urging passage of the bill as the nation’s unemployment rate remains north of nine percent. The Democratic National Committee has also launched a website to promote the… 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

Senator DeMint (R-SC) Introduces Bill to Prevent NLRB “Quickie Elections”

Posted in Legislation, NLRA, NLRB Rule-Making, Representation Elections, Senate
Just over a week after the National Labor Relations Board held two days of hearings on its proposed rule to shorten the time between the filing of a petition and the conduct of a representation election, Senator Jim DeMint (R-SC) introduced “The Fair Representation in Elections Act of 2011” (S. 1425). The bill would guarantee… 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

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

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

Senator Alexander (R-TN) and 33 Republican Co-Sponsors Introduce Bill to Clarify Interplay Between NLRA and State Right to Work Laws

Posted in Legislation, NLRA, NLRB Administration, Senate, State/Local Issues
Yesterday, Senator Lamar Alexander (R-TN) took to the floor of the Senate to introduce the "Jobs Protection Act" (S. 964).  The bill, co-sponsored by Senators Jim DeMint (R-SC) and Lindsay Graham (R-SC) and thirty-one other Republican Senators, would by Sen. Alexander’s description: clarify that the NLRB would not be able to order an employer to relocate… Continue Reading

National Labor Relations Board Sues Arizona Over Secret Ballot Amendment

Posted in EFCA, Federal Court Litigation, Legislation, NLRA, NLRB Misc., Representation Elections, State/Local Issues
The National Labor Relations Board this afternoon filed suit against the State of Arizona in the federal District Court for the District of Arizona.  Consistent with its previous announcement of its intent to do so, the Board is seeking a Declaratory Judgment proclaiming Arizona Constitution Article 2 § 37 pre-empted by the National Labor Relations Act.  Article… Continue Reading

Senators Lamar Alexander (R-TN), Jim DeMint (R-SC) and Lindsay Graham (R-SC) to Introduce National Right to Work Protection Legislation

Posted in Legislation, NLRA, RLA, Senate
During floor debate on the SBIR/STTR Reauthorization Act (S. 483), Senator Lamar Alexander (R-TN) announced that he, Senator Jim DeMint (R-SC) and Senator Lindsay Graham (R-TN) would be introducing a bill entitled the "National Right to Work Protection Act."  Sen. Alexander introduced the proposal thus: I rise today to talk about a piece of legislation which will be… 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

Proposed Change to NLRB Election Procedure? Just Kidding!

Posted in EFCA, Legislation, NLRB Administration, Representation Elections
Some of you may have received an e-mail alert yesterday from labor consultant Phil Wilson at LRI with the Subject line “Breaking News: NLRB Implements 5-Day Elections.” This was enough to raise the heart rates of many labor professionals around the country. The body of the email explained that the NLRB’s Representation Casehandling Manual was being changed… Continue Reading

Secret Ballot Protection Act Introduced in House

Posted in EFCA, House of Representatives, Legislation, Representation Elections, Senate
Chairman of the House HELP Sub-Committee, Rep. Phil Roe (R-TN) has introduced the Secret Ballot Protection Act (H.R. 972).  Back on January 27, 2011, Senator Jim DeMint (R-SC) introduced the Senate version of the bill (S. 217).  Rep. Roe’s bill tracks Senator DeMint’s bill, and the language of the bill as introduced in previous sessions of Congress.… Continue Reading

Senator Jim DeMint Introduces National Right to Work Bill

Posted in Legislation, NLRA, Senate
Senator Jim DeMint (R-SC) has introduced a National Right to Work bill in the Senate, joined by seven Republican original co-sponsors.  In a statement issued earlier today, Senator DeMint identified Senators Tom Coburn (R-OK), Orrin Hatch (R-UT), Mike Lee (R-UT), Rand Paul (R-KY), James Risch (R-ID), Pat Toomey (R-PA) and David Vitter (R-LA) as co-sponsors of… Continue Reading

Bill Introduced to Reverse President Obama’s Executive Order on Project Labor Agreements

Posted in Executive Orders, Government Contracting, House of Representatives, Legislation, Project Labor Agreements, Senate, White House
On Wednesday, Rep. John Sullivan (R-OK) introduced a bill designed to reverse President Obama’s Executive Order 13502.  That EO, one of four issued during the President’s first month in office in 2009, allows federal executive agencies to require contractors on large-scale government construction projects to enter into a project labor agreement as a condition of being… Continue Reading

Amendment to Defund National Labor Relations Board Fails House Floor Vote

Posted in House of Representatives, Legislation, NLRA, NLRB Administration
As we reported yesterday, Rep. Tom Price (R-GA) introduced an amendment to H.R. 1, the Full-Year Continuing Appropriations Act  to defund the National Labor Relations Board for the remainder of the 2011 Fiscal Year.  In response to an inquiry about this proposal, Rep. Price told Labor Relations Today: The spending spree in Washington has put our nation… Continue Reading

Georgia Congressman Introduces Amendment to Defund National Labor Relations Board

Posted in House of Representatives, Legislation, NLRA, NLRB Administration
The House continues its consideration of H.R. 1, the Full-Year Continuing Appropriations Act for FY2011.  This bill, if passed, will make appropriations for the continuing operation of the various federal government agencies through September 30, 2011.  As reported by The Hill several hundred additional amendments have recently been introduced, which are taking up considerable time in the debate.… Continue Reading

NLRB Responds to Attorneys General on Secret Ballot Amendments

Posted in Legislation, NLRA, NLRB Misc., State/Local Issues
The Acting General Counsel of the National Labor Relations Board has responded to the joint letter by the Attorneys General of Arizona, South Carolina, South Dakota and Utah proclaiming their intent to defend their state constitutions against any NLRB litigation to invalidate recent secret ballot amendments. On Friday, January 14, 2011, the Acting GC advised the… Continue Reading

Attorneys General in Four States Respond to NLRB Regarding Secret Ballot Laws

Posted in EFCA, Legislation, NLRB Administration, State/Local Issues
In case you missed the reference by Senator DeMint (D-SC) included in our post yesterday, the Attorneys General of Arizona, South Carolina, South Dakota and Utah have filed a joint letter in response to NLRB Acting General Counsel Lafe Solomon’s recent invitation to address the constitutionality of the states’ secret ballot amendments.  The letter from the… Continue Reading

Senator DeMint Introduces Secret Ballot Protection Act in Senate

Posted in EFCA, Legislation, Representation Elections, Senate, State/Local Issues
Senator Jim DeMint (R-South Carolina) today introduced the Secret Ballot Protection Act (SBPA), a bill intended to "guarantee the right of every American worker to have a secret ballot election on whether to unionize."  While the full text is not yet available, versions of this bill introduced in earlier sessions of Congress would have made… Continue Reading

LRToday in WaPo: “Significant Labor Law Changes Will Bypass Congress”

Posted in Bush Board Reversal, Executive Orders, Government Contracting, Legislation, Media Round-Up, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Remedies, White House
Today’s Washington Post‘s "Capital Business" section published a piece I wrote about what to expect from labor law developments during the coming months.  The intro: When President Obama took office in early 2009, many expected significant legislative changes in the area of traditional labor law to facilitate union organizing in the private sector. But the… Continue Reading

NLRB Asserts State Secret Ballot Laws Are Unconstitutional

Posted in Legislation, NLRA, NLRB Misc., Representation Elections, State/Local Issues
This past Friday, January 14, 2011, the National Labor Relations Board advised the Attorneys General of four states – Arizona, South Carolina, South Dakota and Utah – that the National Labor Relations Act preempts constitutional amendments to require the use of secret ballots in union representation elections. Letters sent by Acting General Counsel Lafe Solomon… Continue Reading

Congressman Introduces House Resolution Opposing Bailout of State and Local Pension Funds

Posted in House of Representatives, Legislation, Pensions, State/Local Issues
On the first day of the new Congress, Rep. Jason Chaffetz (R-UT) introduced a House Resolution: Expressing the sense of the House of Representatives that the Federal Government should not bail out State and local government employee pension plans or other plans that provide post-employment benefits to State and local government retirees. The Resolution lays out… Continue Reading

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