David P. Phippen

David P. Phippen

Constangy, Brooks & Smith, LLP

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Supreme Court Finds No "Recess" Existed for Obama's NLRB Appointments in 2012

The U.S. Supreme Court unanimously ruled yesterday that President Obama's three "recess appointments" to the National Labor Relations Board made on January 4, 2012, were invalid because they were not in accord with the Recess...more

6/27/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

NLRB Overturns Longstanding Precedent and Rules That a Dues Check Off Provision Survives Contract Expiration

Overruling approximately 50 years of its own precedent, the National Labor Relations Board has decided that a union dues check off provision in a collective bargaining agreement will survive expiration of the agreement. The...more

12/21/2012 - Collective Bargaining Dues Checkoff NLRB Union Dues Unions

"Blue" Michigan Enacts Right-To-Work Law, and Unions are Seeing Red

Yesterday, amid massive protests in Lansing, Michigan became the 24th right-to-work state. Republican Governor Rick Snyder signed two1right-to-work bills into law, continuing a trend that began earlier this year with Indiana....more

12/13/2012 - NLRA Right to Work Unions

Have Employees In California? Be Sure You Know The New Rules On Personnel File Requests, Effective 1/1/13

California rings in the new year with a change in law for employers dealing with requests for personnel files from employees and former employees. Under current law, employers generally must give employees (and apparently...more

12/13/2012 - Personnel Records

Supreme Court Backs Arbitration Again - In Non-Compete Case

Once again, the U.S. Supreme Court has given expression to the strong federal policy favoring arbitration. The Court found last week that, because an arbitration clause in an employment agreement was valid, the Federal...more

12/10/2012 - Arbitration Federal Arbitration Act Nitro-Lift Technologies Non-Compete Agreements SCOTUS

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