Labor Relations Today

Labor Relations Today

Tag Archives: NLRB Decisions

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

NLRB Looking to Revisit When Employers Must Disclose Financial Information

Posted in NLRA, NLRB Decisions, Unfair Labor Practices
Earlier this week the National Labor Relations Board issued a decision in Coupled Products, LLC, 359 NLRB No. 152 (July 10, 2013), finding that the employer did not commit an unfair labor practice by refusing to open its financial books to the union. However, the Board did note that it is open to expanding employers’… Continue Reading

@LRToday Morning Round-Up: July 8, 2013

Posted in Media Round-Up, Negotiations, NLRB Decisions, Unfair Labor Practices, Unions
Board Slaps CA Nurses With ULPs: Abigail Rubenstein of Law360 ($$) writes that last week, the National Labor Relations Board (NLRB) determined that a decision by the California Nurses Association (CNA) to add language concerning workers’ rights to a collective-bargaining agreement being distributed to workers was unlawful. The Board held that the CNA was not allowed to print information regarding… Continue Reading

@LRToday Morning Round-Up: July 3, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Decisions, Pensions, Unfair Labor Practices, Unions
Sixth Circuit Overturns Board Ruling: Ben James of Law360 ($$) writes that a divided panel of the Sixth Circuit Court of Appeals nixed a National Labor Relations Board (NLRB) decision that held that nurses at a nursing home facility could form a union. The nurses, located in Tennessee, were deemed to be supervisors by the Sixth Circuit… Continue Reading

@LRToday Morning Round-Up: June 26, 2013

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRA, NLRB Decisions, Pensions, Unfair Labor Practices, Unions
D.R. Horton Argues that AmEx Ruling Nixes Board Decision: Ben James at Law360 ($$) writes that on Monday, representatives for D.R. Horton argued in the Fifth Circuit that a recent Supreme Court decision clears the way for mandatory arbitration agreements barring class actions. The decision in the AmEx case essentially provided that the Federal Arbitration Act will not… Continue Reading

@LRToday Morning Round-Up: June 24, 2013

Posted in Media Round-Up, Negotiations, NLRB Decisions, Unfair Labor Practices, Unions
Board Raps Employer For Rule Limiting Union Use of Email System: Ben James at Law360 ($$) writes that last week the National Labor Relations Board held that a notice warning union representatives that they were spending too much time on the company’s email system was unlawful. Interestingly, even though the Board held that Weyerhauser’s email notice… Continue Reading

NLRB finds annual renewal requirement of Beck objection unlawful but opens the door for their use

Posted in NLRB Decisions
On June 10, 2013, the NLRB issued a decision, 359 NLRB No. 131, finding that the Communications Workers of America (CWA) and its Local 4309 violated Section 8(b)(1)(A) of the National Labor Relations Act by requiring employees to renew their Beck objections on an annual basis.  It found that although the CWA had a legitimate… 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: 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: May 6, 2013

Posted in Media Round-Up, NLRB Decisions, Social Media, Unfair Labor Practices, Unions
Board Reinstates Worker Fired Over Facebook Postings: Abigail Rubenstein of Law360 ($$) reports that last week, the National Labor Relations Board (NLRB) affirmed an Administrative Law Judge’s decision to reinstate a New York City Tour Guide who was fired by his employer for posting about the company on Facebook. The employee, surprisingly, did not actually direct… Continue Reading

@LRToday Morning Round-Up: May 2, 2013

Posted in Media Round-Up, NLRB Decisions, Unfair Labor Practices, Unions
Board Orders Re-Vote in Target Union Election: Ben James of Law360 ($$) reports that yesterday, the National Labor Relations Board upheld an Administrative Law Judge’s decision finding that a union election at a Target Store in Long Island, New York should be re-held. Target employees had voted in June of 2011 as to whether to be represented… Continue Reading

@LRToday Morning Round-Up: May 1, 2013

Posted in Media Round-Up, NLRB Decisions, NLRB Misc., Unfair Labor Practices, Unions
PLU Adjunct Faculty Looking to Unionize: Gabriel Spitzer of NPR writes that adjunct professors and faculty at Pacific Lutheran University are seeking to be represented by the Service Employees Industrial Union (SEIU) for the purpose of collective-bargaining. While adjunct faculty teach approximately a third of the courses offered at PLU, they are paid significantly less than their tenure-track… Continue Reading

@LRToday Morning Round-Up: April 30, 2013

Posted in Federal Court Litigation, Media Round-Up, NLRB Decisions, Unfair Labor Practices, Unions
D.C. Circuit Overturns Flagstaff ULPs: Ben James of Law360 ($$) writes that last Friday, the D.C. Circuit Court of Appeals found that the National Labor Relations Board took an "interpretive leap" in holding that an executive’s comments about negotiating with unions violated the National Labor Relations Act. The executive, who is employed by Flagstaff Medical Center in Arizona, stated… Continue Reading

@LRToday Morning Round-Up: April 29, 2013

Posted in Media Round-Up, NLRB Decisions, Social Media, State/Local Issues, Unions
Board ALJ Nixes UPMC Social Media Policy: Matt Fair of Law360 ($$) writes that a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) held in a decision issued last week that University of Pittsburgh Medical Center (UPMC) was maintaining a social media policy that violated Section 7 of the National Labor Relations Act. In pertinent part, the policy at issue effectively prevented… Continue Reading

@LRToday Morning Round-Up: April 25, 2013

Posted in Media Round-Up, NLRB Decisions, Social Media, Unfair Labor Practices, Unions
Board Finds Facebook Posts to be Protected Activity: Abigail Rubenstein of Law360 ($$) writes that last Friday, the National Labor Relations Board affirmed an Administrative Law Judge’s finding that Bettie Page Clothing in San Francisco, CA unlawfully terminated employees for criticizing store management on Facebook. The Board agreed with the ALJ in finding that the posts, related… Continue Reading

@LRToday Morning Round-Up: April 17, 2013

Posted in Federal Court Litigation, Media Round-Up, NLRB Decisions, Unions
Board Loses Appeal to Reinstate Fired Workers: Linda Chiem of Law360 ($$) writes that yesterday, the Eleventh Circuit Court of Appeals rejected an appeal lodged by the National Labor Relations Board that would have reinstated six terminated employees who were allegedly fired for supporting an organizing campaign at the Mardi Gras Casino in Florida. In pertinent part, the… Continue Reading

National Labor Relations Board Exercises Jurisdiction Over Nonprofit Providing Management Services and Employees to Charter School

Posted in NLRB Decisions, State/Local Issues
On March 8, 2013, a three-Member panel of the National Labor Relations Board found, contrary to the Regional Director’s preliminary decision, that a nonprofit corporation employing a public charter school’s teachers, was not a political subdivision of the State of Illinois. Therefore, the entity providing management services to the school was deemed an “employer” within… Continue Reading

Department of Justice Responds to Noel Canning While Employers Continue to Challenge the Board’s Authority to Act

Posted in Federal Court Litigation, NLRA, NLRB Administration, NLRB Decisions, NLRB Misc., Presidential Appointments, SCOTUS
As noted earlier this month, the National Labor Relations Board announced that it, in consultation with the Department of Justice, intends to file a petition of certiorari with the United States Supreme Court in Noel Canning v. NLRB rather than seek an en banc rehearing with the D.C. Circuit Court of Appeals. In Noel Canning,… Continue Reading

U.S. Supreme Court Denies Cert. in Casino Handbilling Case

Posted in Federal Court Litigation, NLRB Decisions, SCOTUS
On Monday, March 18, 2013, the U.S. Supreme Court announced that it will not review the D.C. Circuit Court’s decision affirming a National Labor Relations Board rule allowing a third-party contractor’s employees to distribute pro-union handbills to customers on the employer’s premises. In the underlying NLRB decision, New York, New York, LLC d/b/a/ New York… Continue Reading

@LRToday Morning Round-Up: February 25, 2013

Posted in Media Round-Up, Negotiations, NLRB Decisions, Unions
D.R. Horton Ruling Takes Another Hit: Stewart Bishop of Law360 ($$) reports that a federal judge in the Southern District of New York ruled Friday that he would grant JPMorgan Chase Bank’s (JPM) motion to compel arbitration, rejecting the plaintiff’s claim that the arbitration clause she signed with the company was void in light of the National… Continue Reading

@LRToday Morning Round-Up: February 22, 2013

Posted in Media Round-Up, NLRB Decisions, State/Local Issues, Unfair Labor Practices, Unions
Cleaning Crews at Target Stores Threaten to Strike: Josh Eidelson at The Nation writes that non-union janitors at Target stores in Minnesota are threatening to strike unless their employers agree to meet with them to discuss alleged unfair labor practices by Sunday at noon. The workers, employed by one of three contractors and working at Target… 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

@LRToday Morning Round-Up: February 6, 2013

Posted in Media Round-Up, NLRA, NLRB Decisions, Presidential Appointments, Unions
Class Waiver Ban Comes Before 5th Circuit: Abigail Rubenstein of Law360 ($$) reports that the Court of Appeals for the 5th Circuit entertained arguments yesterday as to whether employees can be required to sign arbitration agreements waiving their ability to bring class claims. Attorneys for petitioner D.R. Horton argued that the 5th Circuit should join a myriad… 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

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