Labor Relations Today

Labor Relations Today

Tag Archives: Presidential Appointments

More on HELP Committee Approval of NLRB Nominees

Posted in Filibuster, Media Round-Up, NLRB Administration, Presidential Appointments, Senate, White House
On Wednesday, the Senate HELP Committee voted to advance the nominations of all pending National Labor Relations Board member nominations to the full Senate for confirmation.  Following a hearing, the panel voted unanimously in support of the nominations of Republican appointees Harry I. Johnson, III, and Philip A. Miscimarra; 18-4 in favor of current chairman Democrat Mark… Continue Reading

@LRToday Morning Round-Up: May 23, 2013

Posted in Media Round-Up, Negotiations, NLRA, NLRB Misc., Presidential Appointments, Senate, Unfair Labor Practices, Unions
Dems Push Board Nominees Through HELP Committee: Law360 ($$) reports that yesterday, the Senate Health, Education, Labor and Pension (HELP) Committee voted to send President Obama’s nominations to the National Labor Relations Board to the full Senate for a vote. Interestingly, the vote was incredibly partisan, as Republican nominees Harry Johnson III and Philip Miscimarra sailed through the process, while… Continue Reading

Third Circuit Is Second Court to Invalidate NLRB Recess Appointments

Posted in Federal Court Litigation, NLRB Misc., Presidential Appointments, Senate, White House
The Third Circuit Court of Appeals joined the D.C. Circuit in invalidating President Obama’s recess appointments to the National Labor Relations Board in a 2-1 decision issued today in NLRB v. New Vista Nursing and Rehabilitation, Case No. 11-3440. The Third Circuit majority held that “‘the Recess of the Senate’ in the Recess Appointments Clause… Continue Reading

@LRToday Morning Round-Up: May 16, 2013

Posted in Media Round-Up, Negotiations, NLRB Misc., Presidential Appointments, Senate, Social Media, Unions
Charges Over Facebook Discipline Set to Continue, RDs Say: Ben James of Law360 ($$) writes that yesterday, a panel of National Labor Relations Board (NLRB) Regional Directors and private-sector management-side attorneys discussed current hot topics in labor relations at Cornell’s School of Industrial and Labor Relations in Manhattan. In particular, the panel discussed the recent spike in Board… Continue Reading

National Labor Relations Board and Department of Justice Jointly File Petition for Cert, Defending President’s Recess Appointments

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Senate, White House
Consistent with intentions stated last month, earlier today, the National Labor Relations Board, in conjunction with the Department of Justice, filed a petition of certiorari with the United States Supreme Court in Noel Canning v. NLRB. In Noel Canning, the D.C. Circuit determined that President Obama’s recess appointments of Sharon Block, Terrence Flynn, and Richard… Continue Reading

@LRToday Morning Round-Up: April 10, 2013

Posted in Federal Court Litigation, Media Round-Up, NLRB Misc., Presidential Appointments, Unions
NFL Argues CBA Governs Player Injury Claims: Dan Packel of Law360 ($$) reports that yesterday, attorneys representing the National Football League (NFL) in multidistrict litigation asked a federal judge to toss a collective action brought by former players that asserts that the League is liable for player head injuries. Yesterday’s argument was the first time that the multidistrict litigation, which involves thousands… Continue Reading

President Obama Announces Labor Board Nominees

Posted in NLRA, NLRB Administration, Presidential Appointments, White House
President Nominates Two Republicans, Democrat to the NLRB: Earlier today, President Obama announced that he is nominating three individuals to serve as members of the National Labor Relations Board (NLRB). The President is nominating two Republicans and a Democrat to the Board, which has been thrown into chaos since January’s Noel Canning ruling out of the D.C. Circuit. The two Republicans,… 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

The NLRB To Seek Supreme Court Review of Noel Canning

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Senate, White House
The NLRB announced today that it will be seeking Supreme Court review of the DC Circuit’s Noel Canning decision.  In reaching its decision, it will forgo the option of petitioning the DC Circuit for an en banc rehearing.  The NLRB consulted with the Department of Justice in making its decision.  The deadline for filing the… Continue Reading

@LRToday Morning Round-Up: March 11, 2013

Posted in Media Round-Up, NLRB Administration, Presidential Appointments, Senate, Unions
Board Attacks Noel Canning Delay Tactics: Stewart Bishop of Law360 ($$) reports that the National Labor Relations Board has attacked 24 Hour Fitness’ attempt to avoid an entry of judgment by arguing that the Board has no authority to act in light of the D.C. Circuit’s recent Noel Canning decision. In its brief filed last Thursday, the Board… Continue Reading

@LRToday Morning Round-Up: February 28, 2013

Posted in Media Round-Up, Negotiations, NLRB Administration, Presidential Appointments, Representation Elections, Senate, Unions, White House
AFL-CIO Implores President Obama to Nominate a Full Labor Board: Ben James of Law360 ($$) writes that yesterday, the AFL-CIO executive council drafted a policy statement calling on President Obama to nominate a full slate of five members to the National Labor Relations Board. The AFL-CIO, representing 57 affiliate unions, further pledged to hold obstructing Senators from either party accountable for any foot-dragging. “The president must… Continue Reading

Tug-of-War Over Noel Canning Continues Between the NLRB and the D.C. Circuit

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Unions
In what could be the next round in the dispute between the National Labor Relations Board and the D.C. Circuit Court of Appeals regarding the authority of the Board to act, the D.C. Circuit has requested the NLRB’s response to a Writ of Mandamus or Writ of Prohibition seeking to prohibit the Board from adjudicating… Continue Reading

@LRToday Morning Round-Up: February 14, 2013

Posted in Legislation, Media Round-Up, Presidential Appointments, Unions, White House
Congress Reacts to President’s Renominations of Block and Griffin: Yesterday, @LRToday reported that President Obama had resubmitted the nominations of Richard Griffin and Sharon Block, both Democrats, for positions on the National Labor Relations Board. The President’s nominations have sparked varying reactions in Washington, according to Kevin Bogardus of The Hill.  Republican Senator Tom Harkin (Iowa), chair of… Continue Reading

President Obama Renominates Block and Griffin to the NLRB

Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, White House
Today President Obama renominated Sharon Block and Richard Griffin to the National Labor Relations Board as part of a package of nominations sent to the Senate. Last month the D.C. Circuit Court of Appeals held in Noel Canning v. NLRB, Case No. 12-1115 (D.C. Cir. Jan. 25, 2013) that Block’s and Griffin’s January 2012 recess… 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

@LRToday Morning Round-Up: February 5, 2013

Posted in Executive Orders, Media Round-Up, Negotiations, NLRB Misc., Presidential Appointments, SCOTUS, Unfair Labor Practices, Unions
Justice Ginsburg Denies HealthBridge’s Injunction Request: Sindhu Sundar of Law360 ($$) reports that Justice Ginsburg has denied HealthBridge Management LLC’s request to stop a partial injunction that would require the company to reinstate striking workers. HealthBridge argued that the recent D.C. Circuit ruling invalidating President Obama’s recess appointments to the National Labor Relations Board should delay the… Continue Reading

@LRToday Morning Round-Up: February 4, 2013

Posted in Media Round-Up, NLRB Decisions, Presidential Appointments, Senate, State/Local Issues
5th Circuit Poised to Hear Class-Waiver Appeal: Abigail Rubenstein of Law360 ($$) reports that the Fifth Circuit Court of Appeals will hear oral arguments on Tuesday in the appeal of the National Labor Relations Board’s decision in D.R. Horton, 357 NLRB No. 184 (3 Jan. 2012). In D.R. Horton, the Board controversially held that the company’s workers could not… Continue Reading

California Hospital Chain Refuses to Follow 2012 NLRB Decisions

Posted in Federal Court Litigation, NLRB Administration, NLRB Decisions, Presidential Appointments, Unfair Labor Practices, Unions
Reuters reports California-based Prime Healthcare Services has advised the SEIU that it will not comply with at least two National Labor Relations Board rulings from the past year following the recent Noel Canning decision. The company it had informed the union that it would not follow the NLRB’s ruling in WKYC-TV, 359 NLRB No. 30… Continue Reading

Republican Senators Introduce Bills to Enforce Noel Canning Holding on NLRB

Posted in Federal Court Litigation, Legislation, NLRB Administration, Presidential Appointments, Senate
Following the Noel Canning decision of the D.C. Circuit Court of Appeals, NLRB Chairman Mark Gaston Pearce issued a statement that the Board would proceed with "business as usual". In response, yesterday Republican Senators Mike Johanns (R-NE), Lamar Alexander (R-TN) and John Cornyn (R-TX) introduced the “Restoring the Constitutional Balance of Power Act of 2013”… Continue Reading

@LRToday Morning Round-Up: January 31, 2013

Posted in Media Round-Up, Negotiations, NLRB Misc., Presidential Appointments, Senate, Unfair Labor Practices, Unions
A Different Take on the Hostess Bankruptcy: Megan McArdle of the Daily Beast published a thought-provoking piece on Tuesday regarding the recent Hostess bankruptcy. McArdle posits that the Baker’s Union, derided in the press for their "unreasonably demands," has actually put together a brilliant negotiating strategy. Instead of fighting with Hostess, the Baker’s Union essentially forced Hostess into… Continue Reading

@LRToday Morning Round-Up: January 28, 2013

Posted in Media Round-Up, Presidential Appointments, Senate, State/Local Issues, Unions
Philly Firefighters Allege CBA Violation in Lawsuit: Ama Sarfo of Law360 ($$) reports that Philadelphia firefighters, Local 22 filed a lawsuit against the city last Friday alleging breach of the collective bargaining agreement governing the parties’ relationship. The Union complains that the city failed to provide adequate notice of the upcoming fire battalion chief exams and four candidates missed the chance to… Continue Reading

White House, Congressional Republicans and AFL-CIO React to Noel Canning Decision

Posted in Federal Court Litigation, House of Representatives, Media Round-Up, NLRB Administration, NLRB Decisions, Presidential Appointments, Senate, Unions
Comment and reaction abound following yesterday’s ruling in Noel Canning, invalidating the President’s efforts to appoint three members to the National Labor Relations Board in January 2012. The President’s press secretary Jay Carney criticized the ruling, echoed the NLRB’s Chairman’s vow to press on with the business of the Board, and sought to isolate the… Continue Reading

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