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Tag Archives: NLRB

@LRToday Morning Round-Up: March 14, 2014

Posted in Federal Court Litigation, Media Round-Up, NLRB, Remedies, Representation Elections, Unfair Labor Practices, Unions
Board Seeks Rehearing On 5th Circuit’s D.R. Horton Ruling: Abigail Rubenstein of Law360 ($$) writes that yesterday, the National Labor Relations Board asked the 5th Circuit to rehear the appeal of the Board’s now-infamous D.R. Horton decision.  Arguing that the 5th Circuit had misinterpreted Supreme Court precedent, the Board’s position appears to be that the cases the 5th Circuit relied… Continue Reading

@LRToday Morning Round-Up: March 10, 2014

Posted in House of Representatives, Media Round-Up, Negotiations, NLRB, State/Local Issues, Unfair Labor Practices, Unions
Dems Delve Into Fast-Food Allegations: Ben James of Law360 ($$) writes that late last week, two Democratic Congressmen stated that they had sent letters to McDonald’s Corp., Burger King, and other fast-food restaurants.  The letters asked for information concerning the companies’ labor practices, particularly allegations of illegal pay practices.  Authored by Rep. George Miller (D-CA) and Rep Joe Courtney… Continue Reading

@LRToday Morning Round-Up: March 4, 2014

Posted in Media Round-Up, Negotiations, NLRB, Representation Elections, State/Local Issues, Unions
 Sen. Corker Responds To UAW Complaint: The Wall Street Journal carried an editorial written by United States Senator Bob Corker (R-TN), wherein Corker responds to the United Auto Workers union’s (UAW) attempt to have a union election thrown out due to "outside interference."  Senator Corker maintains in his op/ed that he joined together with community leaders… Continue Reading

@LRToday Morning Round-Up: February 28, 2014

Posted in Media Round-Up, Negotiations, NLRB, NLRB Misc., Representation Elections, Senate, State/Local Issues, Unions
Sen. Corker Defends Comments Made During VW Election: Melanie Trottman of the Wall Street Journal writes that yesterday, Senator Bob Corker (R-TN) issued a statement defending the comments he made during this month’s union election at a Volkswagen plant in Chattanooga, TN.  Senator Corker further expressed hope that the National Labor Relations Board would not overturn the election… Continue Reading

Act Now or Forever Hold Your Peace: NLRB Poised to Rule on Standards for Arbitration Deferrals, Jurisdiction Over Religious Universities, and University Faculty Members’ Status as Employees

Posted in NLRB, NLRB Misc., Representation Elections, Unfair Labor Practices
On Friday, February 7, and Monday, February 10, the National Labor Relations Board issued two notices calling on interested parties to submit briefs to address three issues arising from two separate cases currently pending before the Board: deferral to arbitration awards, the Board’s jurisdiction over self-identified “religiously affiliated educational institutions”, and the status of university faculty… Continue Reading

Supreme Court Lets Stand Ruling that NLRB Has “Unreviewable Authority” to Investigate Employers Subject to the Railway Labor Act

Posted in Federal Court Litigation, NLRB, NLRB Misc., RLA, SCOTUS, Unfair Labor Practices
On January 27, 2014, the Supreme Court dealt a blow to employers in the railway and airlines industries as it let stand an Eleventh Circuit decision in Amerijet International, Inc. v. NLRB, 520 Fed. Appx. 795 (11th Cir. 2013). The decision confirmed that the National Labor Relations Board (NLRB) has "the unreviewable authority to initially… Continue Reading

NLRB Issues Unfair Labor Practice Complaint Against Walmart After Unsuccessful Settlement Talks

Posted in NLRB
The National Labor Relations Board (the "NLRB") announced yesterday that it has issued a complaint against Walmart, asserting that it had broken U.S. labor laws during the Black Friday strikes  of 2012 and 2013.  The complaint alleges that Walmart violated the National Labor Relations Act (the "Act") by issuing threats to or punishing employees who participated in the coordinated walkouts.  In particular, the general… Continue Reading

@LRToday Morning Round-Up: January 11, 2013

Posted in Media Round-Up, NLRB, Presidential Appointments, Representation Elections, Unfair Labor Practices
Americold Worker Files Charges Against Employer: Derek Barichello of reports that Karen Dixon, an employee of Americold Logistics in Rochelle, Illinois, has filed a complaint with the National Labor Relations Board alleging that the company committed several unfair labor practices after workers voted to be represented by the Retail, Wholesale and Department Store union (RWDS).… Continue Reading

@LRToday Morning Round-Up: June 8, 2012

Posted in Legislation, Media Round-Up, NLRB
South Carolina Bill Discourages Union Activity: Andrew M. Ballard of Bloomberg BNA ($) writes that South Carolina’s legislature ratified a scaled-back bill designed to discourage union activity in South Carolina. Under the terms of the bill, it would increase monetary penalties for violations of the state’s right-to-work law and would allow employers to display a… Continue Reading

MLA Launches “Labor Relations Today” Blog

Posted in Alternative Labor Law Reform, Beyond EFCA: Labor's Agenda, EFCA, NLRB
The Labor & Employment Team at McKenna Long & Aldridge LLP is launching Labor Relations Today, a blog providing analysis, resources and commentary regarding current and emerging issues in labor and employment law. Led by MLA partners Richard B. Hankins and Seth H. Borden, the authors of EFCA Report, the new blog seeks to become the… Continue Reading

VP Biden says administration “needs to find a strategy” on EFCA

Posted in EFCA, Legislative Strategy, NLRB, White House
The Wall Street Journal’s Kris Maher and other sources report that Vice President Joe Biden told attendees of the AFL-CIO annual winter meeting that there is still hope for the Employee Free Choice Act and a union-friendly National Labor Relations Board. “I know it doesn’t seem like it, but we’ve come a long way in… Continue Reading

MLA in Bloomberg Law Reports: “Key Remedial Elements of the Employee Free Choice Act That May Be Implemented Without Legislation”

Posted in EFCA, MLA Media, NLRB, Remedies
MLA attorneys Richard Hankins and Seth Borden co-authored a piece in today’s Bloomberg Law Reports entitled "Key Remedial Elements of the Employee Free Choice Act That May Be Implemented Without Legislation."  The piece explores the likelihood of a fully-constituted National Labor Relations Board pursuing an expansion of its recent approaches to injunctive relief, civil penalties, Gissel bargaining orders, and "first contract" remedies.   The… Continue Reading

Meyerson in WaPo: EFCA is Dead

Posted in EFCA, Expedited Elections, Filibuster, Legislative Strategy, NLRB, Senate, White House
The morning after the cloture vote failed on the nomination of Craig Becker to the National Labor Relations Board, harsh observations regarding EFCA’s prospects from Washington Post columnist Harold Meyerson: "Under Obama, labor should have made more progress".  Calling the Obama administration’s first year an "unmitigated disaster" for labor, Meyerson writes: For the unions, the Senate’s inability to pass… Continue Reading

Sen. Nelson (D-NE) to Join Filibuster of NLRB Nominee; “Referendum on EFCA”?

Posted in Alternative Labor Law Reform, EFCA, Filibuster, NLRB
Politico reports Monday night that Sen. Ben Nelson (D-Neb.) will support a Republican-led filibuster over President Barack Obama’s nomination of Craig Becker to serve on the National Labor Relations Board: “Mr. Becker’s previous statements strongly indicate that he would take an aggressive personal agenda to the NLRB, and that he would pursue a personal agenda there, rather… Continue Reading

Debate Over Becker Nomination, Potential Impact of EFCA Provisions, Continues

Posted in Beyond EFCA: Labor's Agenda, Card Check, EFCA, Interest Arbitration, Legislative Strategy, NLRB, Remedies, Senate, White House
The Senate Health, Education, Labor & Pensions (HELP) Committee is scheduled for an executive session tomorrow to consider pending nominations by the President.  The Hill reports today, however,  that a spokeswoman for HELP Committee Chairman Tom Harkin (D-Iowa) said the Committee will not be considering the re-nomination of Craig Becker to the NLRB this week.  Nonetheless, business groups continue to ramp up their opposition to… Continue Reading

NAM Asks Senate HELP Committee For Hearing On Becker Nomination To NLRB

Posted in Beyond EFCA: Labor's Agenda, EFCA, NLRB, Senate, White House
The National Association of Manufacturers (NAM) has sent a letter to the Senate Committee on Health, Education, Labor & Pensions (HELP) opposing the re-nomination of SEIU Associate General Counsel Craig Becker to the National Labor Relations Board (NLRB).  President Obama re-nominated Becker recently after his nomination was returned from the Senate in late 2009.  Among NAM’s many concerns about the nomination is the… Continue Reading

ShopFloor: Will EFCA Be Achieved Through NLRB?

Posted in Beyond EFCA: Labor's Agenda, EFCA, NLRB
Providing its analysis of the earlier WSJ piece, NAM’s incorporates insight from other sources as well, and concludes: And if the legislative path is blocked, there’s always the regulatory/administrative approach. As we’ve noted previously, one of President Obama’s nominees to the National Labor Relations Board is Craig Becker, an SEIU counsel who contends the… Continue Reading

Would NLRB Member Craig Becker Push to Implement EFCA Without Passage of the Legislation?

Posted in EFCA, Filibuster, NLRB, Senate, White House
That seems to be a question being asked by many people following the Senate consideration of President Obama’s three nominees to the National  Labor Relations Board.  On Wednesday, the Senate H.E.L.P. Committee approved the nominations.  While the nominations of union attorney Mark Gaston Pearce and Republican Senate Committee policy director Brian Hayes were approved unanimously, eight of the twenty-three… Continue Reading

Former NLRB Chairman Gould Calls For Increased Penalties, Quicker Elections and Limited Arbitration, While Criticizing Current Version of EFCA

Posted in EFCA, Expedited Elections, Interest Arbitration, NLRB, Remedies
On July 22, 2009, Rep. Zoe Lofgren (D-CA) entered an extension of remarks into the Congressional Record in support of the Employee Free Choice Act.  Rep. Lofgren submitted a July 20, 2009 speech by former NLRB Chairman William B. Gould IV to the 58th Annual Conference of the Association of Labor Relations Agencies. Chairman Gould… Continue Reading

WSJ Notes MLA Alert: Unions Look to Labor Board to Reverse Policy

Posted in EFCA, NLRB
Regular readers of EFCA Report are up to speed on the status of President Obama’s proposed nominees to fill two vacant slots on the National Labor Relations Board.  In late April, we featured two detailed posts on a number of issues the Board is likely to tackle once fully constituted, noting several areas where the "Obama… Continue Reading

Former NLRB Member Kirsanow on “Compromise” Effort

Posted in EFCA, Expedited Elections, NLRB
At the National Review Online, former Board Member Peter Kirsanow joins the chorus of voices taking issue with today’s Washington Post editorial.  In "EFCA Compromise Nonsense," Kirsanow asserts: First, the idea that the EFCA amendments presently being floated constitute a "compromise" is a peculiar usage of the term. As the editorial itself notes, EFCA opponents remain monolithically opposed to… Continue Reading

What To Expect From President Obama’s NLRB (Part 2)

Posted in Beyond EFCA: Labor's Agenda, EFCA, NLRB
In advance of Thursday’s Senate Committee Hearing, yesterday we posted some of the most recently decided cases likely to be revisited by Chairwoman Liebman’s National Labor Relations Board, once fully constituted.  While the initial post focused on decisions criticized during the December 2007 congressional hearing, there are additional issues likely to be reviewed by the incoming Board early in… Continue Reading

What To Expect From President Obama’s NLRB

Posted in EFCA, NLRB
In the highly unlikely event that the push to pass the Employee Free Choice Act fails to generate any legislative labor law reform this year, there will still be significant changes in the law for which employers must be prepared.  President Obama last week took the first steps toward filling the three existing vacancies on the National… Continue Reading

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