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Category Archives: Senate

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U.S. Supreme Court Takes Up Recess Appointments Case

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Senate
In a highly-anticipated move, the United States Supreme Court agreed today to hear an appeal by President Obama’s administration from the D.C. Circuit’s Noel Canning ruling issued earlier this year. The Noel Canning decision, discussed here in a prior blog post, effectively held that President Obama’s intrasession recess-appointments to the National Labor Relations Board were unconstitutional… Continue Reading

@LRToday Morning Round-Up: May 29, 2013

Posted in Federal Court Litigation, Media Round-Up, NLRA, Presidential Appointments, Representation Elections, SCOTUS, Senate, Unions
GOP Senators File Amicus Brief Supporting Noel Canning Ruling: Ben James of Law360 ($$) reports that yesterday, a group of Republican Senators filed an amicus brief with the Supreme Court in which the Senators urged the Court to uphold the D.C. Circuit’s recent ruling invalidating President Obama’s recess appointments to the National Labor Relations Board. Forty-five Senators, led… Continue Reading

More on HELP Committee Approval of NLRB Nominees

Posted in Filibuster, Media Round-Up, NLRB Administration, Presidential Appointments, Senate, White House
On Wednesday, the Senate HELP Committee voted to advance the nominations of all pending National Labor Relations Board member nominations to the full Senate for confirmation.  Following a hearing, the panel voted unanimously in support of the nominations of Republican appointees Harry I. Johnson, III, and Philip A. Miscimarra; 18-4 in favor of current chairman Democrat Mark… Continue Reading

@LRToday Morning Round-Up: May 23, 2013

Posted in Media Round-Up, Negotiations, NLRA, NLRB Misc., Presidential Appointments, Senate, Unfair Labor Practices, Unions
Dems Push Board Nominees Through HELP Committee: Law360 ($$) reports that yesterday, the Senate Health, Education, Labor and Pension (HELP) Committee voted to send President Obama’s nominations to the National Labor Relations Board to the full Senate for a vote. Interestingly, the vote was incredibly partisan, as Republican nominees Harry Johnson III and Philip Miscimarra sailed through the process, while… Continue Reading

@LRToday Morning Round-Up: May 17, 2013

Posted in Media Round-Up, NLRB Misc., Representation Elections, Senate, Unfair Labor Practices, Unions
Board Chair: We Have a Duty to Keep Working: Ben James of Law360 ($$) reports that yesterday, the Senate Health, Education, Labor and Pensions Committee (HELP) held a hearing concerning pending nominations to the National Labor Relations Board. Senator Tom Harkin (D-IA) stated that an executive committee meeting would be held on May 22 in order to determine whether the… Continue Reading

Third Circuit Is Second Court to Invalidate NLRB Recess Appointments

Posted in Federal Court Litigation, NLRB Misc., Presidential Appointments, Senate, White House
The Third Circuit Court of Appeals joined the D.C. Circuit in invalidating President Obama’s recess appointments to the National Labor Relations Board in a 2-1 decision issued today in NLRB v. New Vista Nursing and Rehabilitation, Case No. 11-3440. The Third Circuit majority held that “‘the Recess of the Senate’ in the Recess Appointments Clause… Continue Reading

@LRToday Morning Round-Up: May 16, 2013

Posted in Media Round-Up, Negotiations, NLRB Misc., Presidential Appointments, Senate, Social Media, Unions
Charges Over Facebook Discipline Set to Continue, RDs Say: Ben James of Law360 ($$) writes that yesterday, a panel of National Labor Relations Board (NLRB) Regional Directors and private-sector management-side attorneys discussed current hot topics in labor relations at Cornell’s School of Industrial and Labor Relations in Manhattan. In particular, the panel discussed the recent spike in Board… Continue Reading

National Labor Relations Board and Department of Justice Jointly File Petition for Cert, Defending President’s Recess Appointments

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Senate, White House
Consistent with intentions stated last month, earlier today, the National Labor Relations Board, in conjunction with the Department of Justice, filed a petition of certiorari with the United States Supreme Court in Noel Canning v. NLRB. In Noel Canning, the D.C. Circuit determined that President Obama’s recess appointments of Sharon Block, Terrence Flynn, and Richard… Continue Reading

The NLRB To Seek Supreme Court Review of Noel Canning

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Senate, White House
The NLRB announced today that it will be seeking Supreme Court review of the DC Circuit’s Noel Canning decision.  In reaching its decision, it will forgo the option of petitioning the DC Circuit for an en banc rehearing.  The NLRB consulted with the Department of Justice in making its decision.  The deadline for filing the… Continue Reading

@LRToday Morning Round-Up: March 11, 2013

Posted in Media Round-Up, NLRB Administration, Presidential Appointments, Senate, Unions
Board Attacks Noel Canning Delay Tactics: Stewart Bishop of Law360 ($$) reports that the National Labor Relations Board has attacked 24 Hour Fitness’ attempt to avoid an entry of judgment by arguing that the Board has no authority to act in light of the D.C. Circuit’s recent Noel Canning decision. In its brief filed last Thursday, the Board… Continue Reading

@LRToday Morning Round-Up: February 28, 2013

Posted in Media Round-Up, Negotiations, NLRB Administration, Presidential Appointments, Representation Elections, Senate, Unions, White House
AFL-CIO Implores President Obama to Nominate a Full Labor Board: Ben James of Law360 ($$) writes that yesterday, the AFL-CIO executive council drafted a policy statement calling on President Obama to nominate a full slate of five members to the National Labor Relations Board. The AFL-CIO, representing 57 affiliate unions, further pledged to hold obstructing Senators from either party accountable for any foot-dragging. “The president must… 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

@LRToday Morning Round-Up: February 4, 2013

Posted in Media Round-Up, NLRB Decisions, Presidential Appointments, Senate, State/Local Issues
5th Circuit Poised to Hear Class-Waiver Appeal: Abigail Rubenstein of Law360 ($$) reports that the Fifth Circuit Court of Appeals will hear oral arguments on Tuesday in the appeal of the National Labor Relations Board’s decision in D.R. Horton, 357 NLRB No. 184 (3 Jan. 2012). In D.R. Horton, the Board controversially held that the company’s workers could not… 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: January 31, 2013

Posted in Media Round-Up, Negotiations, NLRB Misc., Presidential Appointments, Senate, Unfair Labor Practices, Unions
A Different Take on the Hostess Bankruptcy: Megan McArdle of the Daily Beast published a thought-provoking piece on Tuesday regarding the recent Hostess bankruptcy. McArdle posits that the Baker’s Union, derided in the press for their "unreasonably demands," has actually put together a brilliant negotiating strategy. Instead of fighting with Hostess, the Baker’s Union essentially forced Hostess into… Continue Reading

@LRToday Morning Round-Up: January 28, 2013

Posted in Media Round-Up, Presidential Appointments, Senate, State/Local Issues, Unions
Philly Firefighters Allege CBA Violation in Lawsuit: Ama Sarfo of Law360 ($$) reports that Philadelphia firefighters, Local 22 filed a lawsuit against the city last Friday alleging breach of the collective bargaining agreement governing the parties’ relationship. The Union complains that the city failed to provide adequate notice of the upcoming fire battalion chief exams and four candidates missed the chance to… Continue Reading

White House, Congressional Republicans and AFL-CIO React to Noel Canning Decision

Posted in Federal Court Litigation, House of Representatives, Media Round-Up, NLRB Administration, NLRB Decisions, Presidential Appointments, Senate, Unions
Comment and reaction abound following yesterday’s ruling in Noel Canning, invalidating the President’s efforts to appoint three members to the National Labor Relations Board in January 2012. The President’s press secretary Jay Carney criticized the ruling, echoed the NLRB’s Chairman’s vow to press on with the business of the Board, and sought to isolate the… Continue Reading

Initial Reactions to D.C. Circuit Court Decision Invalidating Recess Appointments are Swift

Posted in Federal Court Litigation, NLRB Administration, NLRB Decisions, Presidential Appointments, SCOTUS, Senate
In response to the D.C. Circuit’s decision today in Noel Canning, finding a lack of a quorum at the Board, Chairman Mark Gaston Pearce issued the following statement: The Board respectfully disagrees with today’s decision and believes that the President’s position in the matter will ultimately be upheld. It should be noted that this order… Continue Reading

Circuit Court Invalidates President Obama’s Purported Recess Appointments to National Labor Relations Board, Finds Lack of Quorum

Posted in Federal Court Litigation, NLRB Administration, NLRB Decisions, Presidential Appointments, SCOTUS, Senate, White House
This afternoon, the Circuit Court of Appeals for the D.C. Circuit effectively undid everything the National Labor Relations Board did in 2012. In Noel Canning, a Division of the Noel Corporation v. National Labor Relations Board, No. 12-1115 (D.C. Cir. Jan. 25, 2013), the Court ruled that the Board lacks a quorum because President Obama’s… Continue Reading

Sen. Arlen Specter Dies: Opposed Cloture, Ending Viability of EFCA; Sought Alternative Reform of NLRA

Posted in EFCA, Senate
Former Senator Arlen Specter passed away on Sunday. Per the Washington Post: For most of his 30 years as Pennsylvania’s longest-serving U.S. senator, Specter was a Republican, though often at odds with the GOP leadership. His breaks with his party were hardly a surprise: He had begun his political career as a Democrat and ended… 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

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

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