Labor Relations Today

Labor Relations Today

Tag Archives: NLRB Rule-Making

District Court Strikes Down National Labor Relations Board’s New ‘Quickie’ Election Rule

Posted in Federal Court Litigation, NLRB Administration, NLRB Rule-Making, Representation Elections
Quoting Woody Allen in the decision’s opening passage, today District Court Judge James Boasberg of the District Court for the District of Columbia granted summary judgment to the U.S. Chamber of Commerce in its lawsuit against the National Labor Relations Board’s "quickie" election rule.  The  Board rule, published in the Federal Register on Thursday, December 22, 2011,… Continue Reading

Everything Employers Need to Know About the NLRB’s New “Quickie” Election Rules

Posted in Federal Court Litigation, NLRB Rule-Making, Representation Elections
On Monday, April 30, 2012, the National Labor Relations Board’s new election rules took effect shortening the time between the filing of a petition and the holding of a union representation election. Specifically, the new rules provide that: a) hearing officers have greater discretion to limit the evidence presented at pre-election hearings to evidence that… Continue Reading

NLRB Acting General Counsel Creates New “Best Practices” Not Encompassed in the Board’s New Election Rules

Posted in NLRB Administration, NLRB Rule-Making, Representation Elections
In the memorandum issued by Acting General Counsel Lafe Solomon yesterday, not only does he outline the new "quickie" election procedures set to go into effect on Monday, April 30, but he sets new "best practices" not contemplated in the Board’s new election rules. The Acting General Counsel acknowledges in the memorandum that the Board’s… Continue Reading

Acting General Counsel Issues Guidelines for “Quickie” Election Rules Effective Next Week

Posted in NLRB Rule-Making
In a memo released today to all NLRB Regional Directors, General Counsel Lafe Solomon outlined the new “quickie” election procedures which will go into effect this coming Monday, April 30. The memo set forth the changes to existing procedures and provides instructions to the Regions on how newly filed representation petitions are to be processed.… 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

Everything Employers Need to Know About the NLRB’s Notice Posting Rule

Posted in Federal Court Litigation, NLRB Rule-Making
Yesterday the National Labor Relations Board announced that its regional offices will delay implementation of its rule requiring private-sector employers to post a notice advising employees of their rights under the National Labor Relations Act (NLRA). The rule was scheduled to become effective April 30, 2012, but will now be postponed indefinitely pending resolution of… Continue Reading

National Labor Relations Board Postpones Implementation of Notice-Posting Rule Following Injunction

Posted in Federal Court Litigation, NLRB Rule-Making
Following today’s appellate court injunction against the National Labor Relations Board’s notice-posting rule, Board Chairman Mark Gaston Pearce announced that the Board will hold off on implementation pending judicial resolution. In a statement released earlier, the Board explained: In light of conflicting decisions at the district court level, the DC Circuit Court of Appeals has… Continue Reading

D.C. Appeals Court Enjoins Implementation of NLRB Notice-Posting Rule

Posted in Federal Court Litigation, NLRB Rule-Making
A three-judge panel of the D.C. Circuit of Appeals has issued an injunction against implementation of the National Labor Relations Board’s notice posting rule. Following earlier postponement by the Board, the rule was set to go into effect at the end of this month. Instead, the D.C. Circuit Court has enjoined the rule pending appeal… Continue Reading

Federal District Court Invalidates NLRB’s Notice Posting Rule

Posted in Federal Court Litigation, NLRA, NLRB Rule-Making
A federal court in South Carolina today ruled that the National Labor Relations Board lacked authority to issue the notice-posting rule. Under the NLRB’s notice-posting rule, all private-sector employers subject to the National Labor Relations Act must post a notice to employees informing them of their rights under the Act. Employers had until April 30, 2012… Continue Reading

NLRB Files Response to Groups’ Request to Enjoin Notice Posting Rule

Posted in Federal Court Litigation, NLRA, NLRB Rule-Making
On Monday the National Labor Relations Board filed its response to the plaintiffs/appellants’ Emergency Motion for Injunction Pending Appeal and/or for Expedited Consideration with the Court of Appeals for the District of Columbia in National Association of Manufacturers v. NLRB, Case No. 12-5068 (D.C. Cir.). The National Federation of Independent Business (NFIB), the National Association of… Continue Reading

NAM, Others Ask D.C. Circuit to Enjoin NLRB Notice Posting Rule

Posted in Federal Court Litigation, NLRB Rule-Making
On Monday, the plaintiffs/appellants in National Association of Manufacturers v. NLRB, Case No. 12-5068 (D.C. Cir.), filed an Emergency Motion for Injunction Pending Appeal and/or for Expedited Consideration with the Court of Appeals for the District of Columbia asking the appellate court to enjoin the National Labor Relations Board from enforcing its notice-posting rule. Under that… Continue Reading

Court Declines to Enjoin NLRB Posting Rule Pending Appeal

Posted in Federal Court Litigation, NLRA, NLRB Rule-Making
Yesterday, the District Court for the District of Columbia denied the plaintiffs’ request in National Association of Manufacturers v. NLRB, Case No. 11-CV-1629 (D.D.C. Mar. 2, 2012), for an injunction preventing the National Labor Relations Board from enforcing its notice posting rule pending their appeal of the court’s ruling partially upholding the Rule. In support… Continue Reading

Groups Appeal Ruling on NLRB’s Notice Posting Rule; Seek Injunction

Posted in Federal Court Litigation, NLRA, NLRB Rule-Making
On Monday, March 5, the Coalition for a Democratic Workplace, the National Federation of Independent Business (NFIB) and the National Association of Manufacturers (NAM) filed a notice of appeal with the Court of Appeals for the District of Columbia challenging the district court’s ruling upholding, in part, the National Labor Relations Board’s notice posting rule.… Continue Reading

District Court Partially Upholds/Blocks NLRB Notice-Posting Rule

Posted in Federal Court Litigation, NLRA, NLRB Rule-Making, Unfair Labor Practices
Today the U.S. District Court for the District of Columbia issued its opinion addressing the validity of the National Labor Relations Board’s new rule requiring private-sector employers subject to the National Labor Relations Act to post a notice to employees informing them of their rights under the Act. In ruling on the parties’ cross motions for… 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

House Education and the Workforce Committee Holds Hearing Questioning NLRB “Recess” Appointments

Posted in House of Representatives, NLRB Rule-Making, Presidential Appointments, Representation Elections, SCOTUS
The House Education and the Workforce Committee held a hearing on President Obama’s January 4, 2012 "recess" appointments to the National Labor Relations Board. The hearing is the second of three scheduled on this issue — as the House Oversight and Government Reform Committee held a hearing last week, and the Judiciary Committee will hold… Continue Reading

U.S. Chamber of Commerce and National Labor Relations Board File Competing Summary Judgment Motions in “Quickie” Election Rule Case

Posted in Federal Court Litigation, NLRA, NLRB Rule-Making, Representation Elections
The U.S. Chamber of Commerce and the Coalition for a Democratic Workplace last week filed a motion seeking summary judgment in their lawsuit against the National Labor Relations Board (NLRB) challenging the Board’s December 22, 2011 rule intended to expedite the union representation election process. The Chamber’s lawsuit, filed in December and recently amended, argues… 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

NLRB Again Postpones Implementation of Notice-Posting Rule in Face of Legal Challenges

Posted in Federal Court Litigation, NLRA, NLRB Rule-Making, Unfair Labor Practices
Days after oral argument was heard in the National Association of Manufacturers (NAM) suit to enjoin the rule, the National Labor Relations Board has agreed to postpone the effective date of its new rule requiring all employers to post notices advising employees of rights under the NLRA.   The Board announced today that it has determined that: postponing 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

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

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