Tag Archives: Senate

The Road Ahead: Top 10 Labor Issues to Watch in the Back Half of 2015

1. Will the Courts Uphold the New Expedited Election Rules? The National Labor Relation Board’s new expedited election rules took effect on April 14, 2015, but not before two lawsuits could be filed seeking to invalidate them in January 2015. The first lawsuit was filed by business groups, including the U.S. Chamber of Commerce, in… Continue Reading

@LRToday Morning Round-Up: March 25, 2014

By McGuireWoods LLP on March 25, 2014 Posted in Media Round-Up, Negotiations, NLRB, Remedies, Representation Elections, Senate, Unions

Sodexo Employees Join UFCW At TCU: Daniel Salazar of TCU360.com reports that last night, employees working for Sodexo at Texas Christian University voted to join the United Food and Commercial Workers (UFCW) for the purpose of collective bargaining. The petition for election was filed on February 10 and the final vote count was 89 for, 63 against. … Continue Reading

@LRToday Morning Round-Up: March 21, 2014

By McGuireWoods LLP on March 21, 2014 Posted in Media Round-Up, Negotiations, NLRA, NLRB, Representation Elections, Senate, State/Local Issues, Unions

Briefs Filed In Northwestern Football Row: Bill Donahue of Law360 ($$) writes that this past week, both the Northwestern Football Players and the University submitted briefs to the National Labor Relations Board regarding whether the players should be allowed to hold a union election under the auspices of the National Labor Relations Act. The players, represented by… Continue Reading

@LRToday Morning Round-Up: February 28, 2014

By McGuireWoods LLP on 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

Labor Relations Today Releases ‘Labor Law 2013: A Year in Review’

By McGuireWoods LLP on January 13, 2014 Posted in Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Filibuster, Government Contracting, House of Representatives, Legislation, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House

MLA labor attorneys are pleased to announce the publication of Labor Law 2013: A Year In Review. This marks the third straight year that we have produced this annual review of developments in traditional labor law and labor-management relations. 2013 began with unprecedented uncertainty, as several federal courts repudiated the authority of the National Labor Relations Board… Continue Reading

Separation of Powers Dominates Noel Canning Arguments Before the Supreme Court

By McGuireWoods LLP on January 13, 2014 Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Senate

Separation of powers between the executive and legislative branches took the forefront during this morning’s Supreme Court argument in NLRB v. Noel Canning, which involves the issue of whether President Obama’s recess appointments to the National Labor Relations Board were valid. In Noel Canning the Court of Appeals for the District of Columbia Circuit held that President… Continue Reading

Senate HELP Committee Seeks to Change Federal Contracting Rules to Disqualify Employers with Labor Law Violations

By McGuireWoods LLP on December 13, 2013 Posted in Corporate Campaigns, Executive Orders, Government Contracting, Government Contracts, Legislative Strategy, Senate

On Wednesday, U.S. Senator Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee, unveiled a Committee report, taking direct regulatory aim at the nation’s federal government contractors. The Senator proclaimed that "[s]ome of the nation’s largest federal contractors fail to pay their workers the wages they have earned or provide… Continue Reading

@LRToday Morning Round-Up: November 18, 2013

By McGuireWoods LLP on November 18, 2013 Posted in House of Representatives, Legislation, Media Round-Up, Negotiations, Senate, Unions

Bill To Guarantee Secret Union Ballots Introduced In Both Houses: Abigail Rubenstein of Law360 ($$) reports that last Thursday, Republicans in both the U.S. House and Senate introduced a bill that would make major reforms to federal labor law. Significantly, the bill would guarantee the use of secret ballots in union elections. The bill would also… Continue Reading

Senate Confirms Griffin As General Counsel of the National Labor Relations Board

By McGuireWoods LLP on October 29, 2013 Posted in NLRB Administration, Presidential Appointments, Senate

Earlier today, the United States Senate confirmed Richard Griffin’s nomination to serve as the General Counsel to the National Labor Relations Board (NLRB or the Board). Earlier in the day, sixty-two Senators had voted to bring Griffin’s nomination up for a vote, despite vows by Republican leaders to block Griffin’s nomination from consideration. The final… Continue Reading

Federal Shutdown Ended, National Labor Relations Board to Resume Full Operations Today

By McGuireWoods LLP on October 17, 2013 Posted in House of Representatives, Legislation, NLRB Administration, Senate, White House

Last night, the President signed legislation which, among other things, ends the sixteen-day shutdown of the federal government. As outlined in its September 27, 2013 Contingency Plan, the National Labor Relations Board set out to recall furloughed Board workers to their positions. As of this time, information is lacking on the Board’s website and Twitter feed,… Continue Reading

@LRToday Morning Round-Up: October 1, 2013

By McGuireWoods LLP on October 1, 2013 Posted in Legislation, Media Round-Up, Negotiations, NLRB Misc., Senate, Unions

NLRB To Be Hit By Furloughs: Melanie Trottman of the Washington Wire reports that the Federal Government shutdown will hit the National Labor Relations Board (NLRB or the Board) hard, with all but 11 of its more than 1,500 employees forced to go on furlough. The Board will stop handling cases for the time being, which will impact investigations, elections,… Continue Reading

Senate Committee Approves Nomination of Richard Griffin to NLRB General Counsel Post

By McGuireWoods LLP on September 19, 2013 Posted in Federal Court Litigation, Filibuster, NLRB Administration, Presidential Appointments, Senate, White House

As expected, following its hearing yesterday, the Senate Health, Education, Labor & Pensions Committee approved the nomination of Richard Griffin to become General Counsel of the National Labor Relations Board by a largely party-line vote, 13-9. According to press accounts, HELP Committee Chair Sen. Tom Harkin (D-IA) asserted that the "abundantly qualified" Mr. Griffin’s confirmation… Continue Reading

NLRB General Counsel Nominee Before Senate Committee This Morning

By McGuireWoods LLP on September 18, 2013 Posted in Bush Board Reversal, Federal Court Litigation, NLRB Administration, Presidential Appointments, Senate, White House

At 10:00 this morning, the Senate Health, Education, Labor & Pensions Committee will convene a hearing in Executive Session for consideration of President Obama’s nomination of Richard Griffin to serve as General Counsel of the National Labor Relations Board. The General Counsel serves a 4-year term, and is responsible for the investigation and prosecution of unfair… Continue Reading

@LRToday Morning Round-Up: August 13, 2013

By McGuireWoods LLP on August 13, 2013 Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Administration, Presidential Appointments, Senate, State/Local Issues, Unions

Sixth Circuit Casts Doubt on Validity of Emergency Manager Law: David McAfee of Law360 ($$) reports that last Friday, the Sixth Circuit Court of Appeals provided that the Michigan Legislature may have run afoul of the state’s constitution by expanding its "emergency manager" law. The emergency manager law expansion, passed last year by the legislature, purports to give state-appointed emergency… Continue Reading

@LRToday Morning Round-Up: July 30, 2013

By McGuireWoods LLP on July 30, 2013 Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Administration, Pensions, Presidential Appointments, Senate, Unions, White House

Michigan AG Enters Detroit Bankruptcy Fray: Maria Chutchian of Law360 ($$) reports that Michigan Attorney General Bill Schuette has come to the aid of retirees who have been caught in the black hole of the Detroit Bankruptcy. Yesterday, Schuette stated that any attempts to decrease retirees’ pensions in response to the city’s bankruptcy filing would be illegal,… Continue Reading

@LRToday Morning Round-Up: July 24, 2013

By McGuireWoods LLP on July 24, 2013 Posted in Media Round-Up, Negotiations, NLRB Administration, Presidential Appointments, Senate, Unions

MLB Pushes Forward in Steroid Fight: Carolina Bolado of Law360 ($$) writes that Major League Baseball (MLB) has filed a memorandum with the 11th Circuit Court of Appeals, arguing that it’s lawsuit against Biogenesis, a laboratory linked to the production of anabolic steroids, is not preempted by the Labor Management Relations Act (LMRA). Biogenesis and its co-defendants have argued… Continue Reading

What to Expect From the Incoming National Labor Relations Board

By McGuireWoods LLP on July 22, 2013 Posted in Department of Labor, Expedited Elections, Federal Court Litigation, Filibuster, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Representation Elections, SCOTUS, Senate, Unions, White House

Following last week’s deal to avoid the so-called "Nuclear Option," the Senate HELP Committee will hold hearings tomorrow on the newest nominees to the National Labor Relations Board. Assuming the nominees are approved by the committee in a Wednesday morning vote, a full complement of Board Members is likely to be confirmed by the full Senate as early… Continue Reading

@LRToday Morning Round-Up: July 17, 2013

By McGuireWoods LLP on July 17, 2013 Posted in Media Round-Up, Negotiations, NLRB Misc., Presidential Appointments, Senate, Unions

President Obama to Nominate Two Labor Attorneys to NLRB: Abigail Rubenstein of Law360 ($$) reports that President Obama has already made his selections to serve as members of the National Labor Relations Board (NLRB) after the Senate reached a deal to avoid the "nuclear option" yesterday. In a follow-on to yesterday’s post, the President has reportedly named Nancy Shiffer… Continue Reading

Senate Nuclear Option Compromise Opens Door to National Labor Relations Board Confirmations by Next Month

By McGuireWoods LLP on July 16, 2013 Posted in Federal Court Litigation, Filibuster, NLRB Administration, SCOTUS, Senate, White House

After a long-evolving bit of brinksmanship over the continuing use of the filibuster in the Senate, a deal reportedly has been struck which paves the way for a five-member National Labor Relations Board to be seated near the end of the summer. Numerous media outlets report that the Senate this morning agreed to allow a… Continue Reading

@LRToday Morning Round-Up: July 16, 2013

By McGuireWoods LLP on July 16, 2013 Posted in Federal Court Litigation, Filibuster, Media Round-Up, Negotiations, NLRB Misc., Presidential Appointments, SCOTUS, Senate, Unions, White House

Third Circuit Tables Becker Appeal Until SCOTUS Ruling: Ben James of Law360 ($$) reports that yesterday, the Third Circuit Court of Appeals decided to place a hold on the National Labor Relations Board’s (NLRB) appeal of the court’s decision holding that former member Craig Becker’s recess appoint was constitutionally improper as it waits for the Supreme Court to rule… Continue Reading

@LRToday Morning Round-Up: June 25, 2013

By McGuireWoods LLP on June 25, 2013 Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRA, Presidential Appointments, Representation Elections, SCOTUS, Senate, Unions

SCOTUS To Consider Lawfulness of Neutrality Agreements: Brian Mahoney of Law360 ($$) writes that yesterday, the United States Supreme Court agreed to consider whether union/management neutrality agreements violate the Labor Management Relations Act. These neutrality agreements essentially set the "ground rules" for union organizing campaigns. As long as the organizing union follows the rules, management usually agrees to… Continue Reading

U.S. Supreme Court Takes Up Recess Appointments Case

By McGuireWoods LLP on June 24, 2013 Posted in Federal Court Litigation, NLRB Administration, Presidential Appointments, SCOTUS, Senate

In a highly-anticipated move, the United States Supreme Court agreed today to hear an appeal by President Obama’s administration from the D.C. Circuit’s Noel Canning ruling issued earlier this year. The Noel Canning decision, discussed here in a prior blog post, effectively held that President Obama’s intrasession recess-appointments to the National Labor Relations Board were unconstitutional… Continue Reading

@LRToday Morning Round-Up: May 29, 2013

By McGuireWoods LLP on May 29, 2013 Posted in Federal Court Litigation, Media Round-Up, NLRA, Presidential Appointments, Representation Elections, SCOTUS, Senate, Unions

GOP Senators File Amicus Brief Supporting Noel Canning Ruling: Ben James of Law360 ($$) reports that yesterday, a group of Republican Senators filed an amicus brief with the Supreme Court in which the Senators urged the Court to uphold the D.C. Circuit’s recent ruling invalidating President Obama’s recess appointments to the National Labor Relations Board. Forty-five Senators, led… Continue Reading

More on HELP Committee Approval of NLRB Nominees

By McGuireWoods LLP on May 25, 2013 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