Labor Relations Today

Labor Relations Today

Tag Archives: SCOTUS

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

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

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

Initial Reactions to D.C. Circuit Court Decision Invalidating Recess Appointments are Swift

Posted in Federal Court Litigation, NLRB Administration, NLRB Decisions, Presidential Appointments, SCOTUS, Senate
In response to the D.C. Circuit’s decision today in Noel Canning, finding a lack of a quorum at the Board, Chairman Mark Gaston Pearce issued the following statement: The Board respectfully disagrees with today’s decision and believes that the President’s position in the matter will ultimately be upheld. It should be noted that this order… Continue Reading

Circuit Court Invalidates President Obama’s Purported Recess Appointments to National Labor Relations Board, Finds Lack of Quorum

Posted in Federal Court Litigation, NLRB Administration, NLRB Decisions, Presidential Appointments, SCOTUS, Senate, White House
This afternoon, the Circuit Court of Appeals for the D.C. Circuit effectively undid everything the National Labor Relations Board did in 2012. In Noel Canning, a Division of the Noel Corporation v. National Labor Relations Board, No. 12-1115 (D.C. Cir. Jan. 25, 2013), the Court ruled that the Board lacks a quorum because President Obama’s… Continue Reading

Supreme Court declines to hear challenge to NLRB’s Delegation of Section10(j) Authority

Posted in Federal Court Litigation, NLRA, NLRB Administration, SCOTUS
Yesterday, the United States Supreme Court declined to hear the employer’s challenge in HTH Corp. v. Frankl, Case No. 11-622 (cert. denied March 26, 2012), to the National Labor Relations Board’s authority to delegate to its general counsel the power to file Section 10(j) injunction petitions in federal court once the Board lost a quorum of… 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

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

Supreme Court Declines to Hear Challenge to Los Angeles Grocery Employment Ordinance

Posted in Federal Court Litigation, Government Contracting, NLRA, SCOTUS, State/Local Issues
Yesterday, the Supreme Court declined to hear a challenge to Los Angeles’ Grocery Worker Retention Ordinance that imposes a 90 day transition period on grocery stores when ownership changes. The California Grocers Association ("Grocers") filed a lawsuit challenging the ordinance on various grounds, including the claim that the ordinance is preempted by the National Labor… Continue Reading

LXBN-TV: “Seth Borden of McKenna Long Breaks Down the NLRB Appointments”

Posted in Media Round-Up, NLRB Administration, Presidential Appointments, SCOTUS, Senate, White House
Following up on our posts from last week on President Obama’s appointment of three new Members to the National Labor Relations Board, I did this interview with the excellent LXBN-TV: Check out the other great video clips on LexBlog’s LXBN-TV site, including this one by Ballard Spahr’s Christopher Willis discussing the related issue of Richard… Continue Reading

Debate Escalates on President Obama’s NLRB “Recess” Appointments

Posted in Media Round-Up, NLRB Administration, Presidential Appointments, SCOTUS, Senate, White House
The political and legal reaction to President Obama’s three "recess" appointments to the National Labor Relations Board continued apace today. The Cato Institute’s Walter Olsen points out that the New York Times editorial page celebrated the President’s actions, including a hardy "Hear, Hear": Announcing the appointments, Mr. Obama also asserted a welcome new credo: “When Congress… Continue Reading

More on President Obama’s “Recess” Appointments to the NLRB

Posted in NLRB Administration, Presidential Appointments, SCOTUS, Senate, White House
Political reaction to the President’s appointments today was swift.  Senator Mike Enzi (R-Wyo.), Ranking Member on the Senate Health, Education, Labor and Pensions (HELP) Committee, said he was "extremely disappointed to see President Obama recess appoint new members to the National Labor Relations Board (NLRB) and avoid the Constitutionally mandated Senate confirmation process."  In a… Continue Reading

President Obama Announces Three Recess Appointments to NLRB Despite Senate in Pro Forma Session

Posted in NLRB Administration, Presidential Appointments, SCOTUS, Senate, White House
Today, President Obama announced three recess appointments to the National Labor Relations Board in an effort to ensure that the Board continues to operate with a full quorum throughout 2012.  The President’s action has been criticized, however, and is certain to invite legal challenge as the appointments arguably violate the Constitution’s Advice and Consent mandate. … Continue Reading

NLRB to Vote on Elements of Proposed “Quickie Election” Rules on November 30th

Posted in EFCA, Legislation, NLRB Administration, NLRB Rule-Making, Representation Elections, SCOTUS
The National Labor Relations Board announced today that it has scheduled a vote on whether to adopt “a small number” of the changes to its election procedures that the Board proposed back in June.  According to the Board, “[t]he proposed amendments are intended to reduce unnecessary litigation, streamline pre- and post-election procedures, and facilitate the… Continue Reading

NLRB Acting General Counsel Urges Narrowing of Arbitration Deferral Standards

Posted in Federal Court Litigation, NLRB Administration, NLRB Decisions, SCOTUS, Unfair Labor Practices
The Acting General Counsel yesterday issued General Counsel Memorandum No. 11-05, narrowing the scope of Board deference to a contractual arbitration award in cases involving 8(a)(1) and (3) allegations. Last year, In Operations Memorandum 10-13(CH), prior General Counsel Ronald Meisburg identified tensions between the Board’s Spielberg/Olin deferral standards, D.C. Circuit Court of Appeals jurisprudence, and… Continue Reading

NLRB Summary of Cases, October 12-15: Three More New Process Steel Decisions

Posted in NLRB Decisions, SCOTUS
The Board issued its Weekly Summary of cases for October 12-15, 2010. Included were summaries of three decisions in cases involving prior rulings by the two-member Board which were invalidated by the U.S. Supreme Court in the New Process Steel decision. These cases were: Allied Mechanical Services, Inc. (7-CA-40907, 41390; 356 NLRB No. 1) Kalamazoo,… Continue Reading

New Orleans Saints Vote To Approve Decertification of NFLPA; Pure Collective Bargaining Strategy

Posted in Federal Court Litigation, SCOTUS, Unions
Liz Mullen of the SportsBusiness Journal reports that the players on the New Orleans Saints have voted unanimously to support decertification of the NFL Players Association.  The strategy in play would be to subject the NFL owners under antitrust laws if the owners acted together to lock the players out prior to the 2011 NFL… Continue Reading

NLRB Down To Four Members Again as Republican Member Peter Schaumber’s Term Ends

Posted in NLRB Administration, Presidential Appointments, SCOTUS
The term of National Labor Relations Board Member Peter C. Schaumber ends today, leaving only four of the Board’s five seats filled.  Mr. Schaumber, a Republican appointee, has served on the Board in December 2002, including for almost one year as Chairman. In a Board press release today, Member Schaumber said of his service: “It has been… Continue Reading

NLRB Issues First Decisions in Returned Two-Member Cases

Posted in Federal Court Litigation, NLRB Administration, NLRB Decisions, SCOTUS
On Thursday, May 5, the National Labor Relations Board issued its first four decisions in cases returned to it by Courts of Appeal following the Supreme Court’s New Process Steel decision.  That decision held that the Board was not authorized to decide these cases when it had only two members.  Between December 2007 and March 2010,… Continue Reading

NLRB Briefly Outlines Approach to New Process Steel Remands

Posted in Federal Court Litigation, NLRB Decisions, SCOTUS
Now that the National Labor Relations Board is at full strength for the first time in two-and-a-half years, earlier today, the Board issued some guidance regarding how it intends to handle cases remanded in light of the Supreme Court’s New Process Steel decision.  Between December 2007 and March 2010, the Board’s only two Members — current… Continue Reading

Veteran NLRB Attorney Lafe Solomon Named Acting General Counsel

Posted in NLRB Administration, Presidential Appointments, SCOTUS, Senate, White House
The National Labor Relations Board late today announced that President Obama has named veteran NLRB attorney Lafe Solomon to serve as Acting General Counsel.  The designation is effective Monday, June 21, 2010 — the day after the recently announced resignation of current General Counsel Ronald Meisburg becomes effective. The Board’s announcement notes: Mr. Solomon, who… Continue Reading

Supreme Court: Two-Member NLRB Lacked Authority

Posted in NLRA, NLRB Administration, NLRB Decisions, SCOTUS
The United States Supreme Court today handed down its long-awaited decision in New Process Steel L.P. v. National Labor Relations Board, 08-1457.  The Court ruled that for 27 months, beginning in December 2007 and ending when President Obama’s March 2010 recess appointments were sworn-in, Chairwoman Wilma Liebman and Member Peter Schaumber alone were not authorized to act on behalf of… Continue Reading

Proposed FAR Rule Amendment Would Preclude Reimbursement of Costs Incurred to “Persuade” Employees About Unionization

Posted in Executive Orders, Government Contracting, SCOTUS, Unions
Last month, the Federal Acquisition Regulation council (FAR) published a proposed rule implementing Executive Order 13494, "Economy in Government Contracting" in the Federal Register.  The Order was one of three Executive Orders issued by President Obama on January 30, 2009 regarding labor relations.  EO 13494 declared the costs of any activities undertaken by federal contractors to persuade employees to… Continue Reading

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