Labor Relations Today

Labor Relations Today

Tag Archives: Legislation

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

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

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