Labor Relations Today

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Tag Archives: NLRB Administration

Senate Confirms Griffin As General Counsel of the National Labor Relations Board

Posted in NLRB Administration, Presidential Appointments, Senate
Earlier today, the United States Senate confirmed Richard Griffin’s nomination to serve as the General Counsel to the National Labor Relations Board (NLRB or the Board).  Earlier in the day, sixty-two Senators had voted to bring Griffin’s nomination up for a vote, despite vows by Republican leaders to block Griffin’s nomination from consideration.  The final… Continue Reading

Federal Shutdown Ended, National Labor Relations Board to Resume Full Operations Today

Posted in House of Representatives, Legislation, NLRB Administration, Senate, White House
Last night, the President signed legislation which, among other things, ends the sixteen-day shutdown of the federal government. As outlined in its September 27, 2013 Contingency Plan, the National Labor Relations Board set out to recall furloughed Board workers to their positions.  As of this time, information is lacking on the Board’s website and Twitter feed,… Continue Reading

Circuit Court of Appeals Denies National Labor Relations Board a Stay Based on Government Furloughs

Posted in NLRA, NLRB Administration, NLRB Decisions
The Sixth Circuit Court of Appeals yesterday heard oral argument in Little River Band of Ottawa Indians v. National Labor Relations Board, a case wherein a tribal government challenges the jurisdiction of the Board over employment by tribes on reservations.  Last week, prior to the hearing, the National Labor Relations Board moved for a stay of… Continue Reading

Third Judge in a Month Blasts NLRB General Counsel’s Prosecutorial Conduct

Posted in NLRB Administration, NLRB Decisions, Presidential Appointments, Unfair Labor Practices
For the third time in just about a month, an Administrative Law Judge has expressly questioned the conduct of the National Labor Relations Board’s Office of General Counsel in a decision. In his decision in Copper River of Boiling Springs LLC, JD(ATL)–26–13 (Sept. 25, 2013), Judge Keltner W. Locke found some violations of the National… Continue Reading

Senate Committee Approves Nomination of Richard Griffin to NLRB General Counsel Post

Posted in Federal Court Litigation, Filibuster, NLRB Administration, Presidential Appointments, Senate, White House
As expected, following its hearing yesterday, the Senate Health, Education, Labor & Pensions Committee approved the nomination of Richard Griffin to become General Counsel of the National Labor Relations Board by a largely party-line vote, 13-9.  According to press accounts, HELP Committee Chair Sen. Tom Harkin (D-IA) asserted that the "abundantly qualified" Mr. Griffin’s confirmation… Continue Reading

NLRB General Counsel Nominee Before Senate Committee This Morning

Posted in Bush Board Reversal, Federal Court Litigation, NLRB Administration, Presidential Appointments, Senate, White House
At 10:00 this morning, the Senate Health, Education, Labor & Pensions Committee will convene a hearing in Executive Session for consideration of President Obama’s nomination of Richard Griffin to serve as General Counsel of the National Labor Relations Board. The General Counsel serves a 4-year term, and  is responsible for the investigation and prosecution of unfair… Continue Reading

@LRToday Morning Round-Up: September 3, 2013

Posted in Media Round-Up, Negotiations, NLRB Administration, Pensions, State/Local Issues, Unions
Another Arbitration Program Falls in Light of D.R. Horton: Ben James of Law360 ($$) reports that last Thursday, yet another National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) held that an arbitration program purporting to bar class or collective actions regarding employment claims was unlawful.  In this case, the ALJ found that GameStop Corp.’s arbitration program violated the National Labor… Continue Reading

@LRToday Morning Round-Up: August 29, 2013

Posted in Media Round-Up, NLRB Administration, Unfair Labor Practices, Unions
NYC Judge Slaps Down Bus Drivers’ Challenge to Labor Pact: Pete Brush of Law360 ($$) writes that this past Tuesday, a New York City Judge ruled that a decision by Mayor Bloomberg’s administration not to use union labor in its bussing contracts does not allow operators to void the agreements.  In pertinent part, Judge Moulton reasoned that the… Continue Reading

@LRToday Morning Round-Up: August 23, 2013

Posted in Media Round-Up, Negotiations, NLRB Administration, Unfair Labor Practices, Unions
Another Class Waiver Goes Down Via Board ALJ’s Ruling: Abigail Rubenstein of Law360 ($$) writes that this past Wednesday a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) found that a mandatory individual arbitration agreement proffered by JPMorgan Chase was in violation of federal labor law.  In making his ruling, the ALJ determined that he was bound to… Continue Reading

National Labor Relations Board Creates Division of Legal Counsel at D.C. Headquarters

Posted in NLRB Administration
The National Labor Relations Board announced this afternoon that it has created a new Division of Legal Counsel at its Headquarters in Washington, D.C. The Board explains the new Division as a consolidation of several Headquarters’ offices, intended to "eliminate duplication of functions, improve the delivery of services, streamline operations and integrate services." According to… Continue Reading

@LRToday Morning Round-Up: August 21, 2013

Posted in Media Round-Up, Negotiations, NLRB Administration, Representation Elections, Unfair Labor Practices, Unions
Board Judge Nixes Arbitration Agreement: Abigail Rubenstein of Law360 ($$) writes that last Monday, a National Labor Relations Board (NLRB) Administrative Law Judge ruled that a Verizon cellphone retailer’s mandatory arbitration agreement, which forbids collective actions, was in violation of federal labor law.  The retailer, Cellular Services of Missouri, had argued that the Supreme Court’s recent decision… Continue Reading

@LRToday Morning Round-Up: August 13, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Administration, Presidential Appointments, Senate, State/Local Issues, Unions
Sixth Circuit Casts Doubt on Validity of Emergency Manager Law: David McAfee of Law360 ($$) reports that last Friday, the Sixth Circuit Court of Appeals provided that the Michigan Legislature may have run afoul of the state’s constitution by expanding its "emergency manager" law.  The emergency manager law expansion, passed last year by the legislature, purports to give state-appointed emergency… Continue Reading

@LRToday Morning Round-Up: August 2, 2013

Posted in Media Round-Up, Negotiations, NLRA, NLRB Administration, Pensions, Unions
Employer’s Ban on Non-Company Ball Caps Unlawful: Ben James at Law360 writes that this past Wednesday, a National Labor Relations Board (NLRB) Administrative Law Judge determined that a rule promulgated by Quad Graphics Inc. banning the wearing of baseball caps other than those with company logos was violative of the National Labor Relations Act (NLRA).  The ALJ… Continue Reading

@LRToday Morning Round-Up: July 30, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Administration, Pensions, Presidential Appointments, Senate, Unions, White House
Michigan AG Enters Detroit Bankruptcy Fray: Maria Chutchian of Law360 ($$) reports that Michigan Attorney General Bill Schuette has come to the aid of retirees who have been caught in the black hole of the Detroit Bankruptcy. Yesterday, Schuette stated that any attempts to decrease retirees’ pensions in response to the city’s bankruptcy filing would be illegal,… Continue Reading

@LRToday Morning Round-Up: July 24, 2013

Posted in Media Round-Up, Negotiations, NLRB Administration, Presidential Appointments, Senate, Unions
MLB Pushes Forward in Steroid Fight: Carolina Bolado of Law360 ($$) writes that Major League Baseball (MLB) has filed a memorandum with the 11th Circuit Court of Appeals, arguing that it’s lawsuit against Biogenesis, a laboratory linked to the production of anabolic steroids, is not preempted by the Labor Management Relations Act (LMRA). Biogenesis and its co-defendants have argued… Continue Reading

What to Expect From the Incoming National Labor Relations Board

Posted in Department of Labor, Expedited Elections, Federal Court Litigation, Filibuster, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Representation Elections, SCOTUS, Senate, Unions, White House
Following last week’s deal to avoid the so-called "Nuclear Option," the Senate HELP Committee will hold hearings tomorrow on the newest nominees to the National Labor Relations Board. Assuming the nominees are approved by the committee in a Wednesday morning vote, a full complement of Board Members is likely to be confirmed by the full Senate as early… Continue Reading

Fourth Circuit Joins D.C. and Third Circuits, Holds NLRB Recess Appointments Invalid

Posted in Federal Court Litigation, NLRA, NLRB Administration, NLRB Decisions, NLRB Misc., Presidential Appointments, SCOTUS
Just one day after the Senate’s filibuster compromise paving the way to a five member National Labor Relations Board, the Fourth Circuit issued a 2-1 decision in NLRB v. Enterprise Leasing Company Southeast, LLC, Case No. 12-1514 (4th Cir. July 17, 2013), holding that the President’s recess appointments to the NLRB are invalid. Agreeing with… Continue Reading

Senate Nuclear Option Compromise Opens Door to National Labor Relations Board Confirmations by Next Month

Posted in Federal Court Litigation, Filibuster, NLRB Administration, SCOTUS, Senate, White House
After a long-evolving bit of brinksmanship over the continuing use of the filibuster in the Senate, a deal reportedly has been struck which paves the way for a five-member National Labor Relations Board to be seated near the end of the summer. Numerous media outlets report that the Senate this morning agreed to allow a… Continue Reading

@LRToday Morning Round-Up: July 10, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Administration, Pensions, Unions
Wal-Mart Accused of Abusing Disabled Worker Program: Linda Chiem of Law360 ($$) writes that a former employee of Wal-Mart has filed a putative class action claim against the big-box giant in New York Federal Court, alleging that the company failed to adequately accommodate the disabled workers it hired, despite receiving state tax credits. “Despite the fact that… Continue Reading

@LRToday Morning Round-Up: July 9, 2013

Posted in Media Round-Up, Negotiations, NLRB Administration, Pensions, Unfair Labor Practices, Unions
Teamsters Sue FL over Holiday Time: Ama Sarfo of Law360 ($$) writes that the Teamsters Union has filed a complaint against the state of Florida, alleging that the state is trying to waive corrections officers’ holiday time if they do not use it by a certain cutoff date. The complaint, filed with the Florida Public Employees Relations… Continue Reading

Board ALJ Decision Opens Door to Arbitration Agreements

Posted in NLRB Administration
This past Tuesday, a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) held that Bloomingdale’s Inc. did not violate the National Labor Relations Act (NLRA) by enforcing an arbitration agreement banning collective and class claims because the company allowed new hires to opt-out of the plan within 30 days of hiring. The matter, Bloomingdale’s… Continue Reading

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

NLRB Directs Balloting by Mail to Conserve Region’s “Limited Resources”

Posted in NLRB Administration, NLRB Decisions, NLRB Misc., Representation Elections
Last week the National Labor Relations Board departed from its "longstanding policy…that representation elections should, as a general rule, be conducted manually"–i.e., in person at a voting booth–when it affirmed a Regional Director’s decision to conduct five different elections by mail despite the employer’s unopposed preference for manual balloting. In Union Fire Association of Lower… Continue Reading

@LRToday Morning Round-Up: June 13, 2013

Posted in Media Round-Up, Negotiations, NLRB Administration, Unions
UMWA Accuses Patriot Coal of Walking Out of Labor Talks: Maria Chutchian of Law360 ($$) reports that yesterday, representatives of the United Mine Workers of America (UMWA) accused Patriot Coal of walking away from contract talks. Patriot quickly denied the allegations, referring to them as inaccurate. The talks have come as a result of a court ruling last month… Continue Reading

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