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Let it Snow: NLRB Continues Flurry of December Activity by Adopting New Arbitration Deferral Standards

With the holidays quickly approaching, the National Labor Relations Board’s union-friendly majority continues to churn out decisions that will significantly impact union and non-union employers in 2015 and beyond. Earlier...more

12/19/2014 - Arbitration Corporate Counsel Deferral Standard Employer Liability Issues NLRB Unfair Labor Practices Unions

Wage and Hour Cases to Watch at the Supreme Court: Part 2--Perez v. Mortgage Bankers Association

As we discussed recently, this month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions,...more

11/19/2014 - Administrative Procedure Act DOL Employer Liability Issues FLSA Interpretive Rule Loan Officer NLRB Opinion Letter Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Wage and Hour

NLRB Continues Its Busy Summer with Important New Decisions on Weingarten Rights, Noel Canning Issues

The National Labor Relations Board continued its busy summer over the past two weeks. First, the Board issued a decision reaffirming the importance it places on an employee’s Weingarten rights, even if they impede an...more

8/14/2014 - Canning v NLRB Drug & Alcohol Abuse Employee Rights Enforcement Enforcement Actions Investigations NLRA NLRB Weingarten Rights

President Obama Re-Nominates Recess Appointee Sharon Block to Fill Next NLRB Vacancy

The White House announced on Friday that it will re-nominate former Member Sharon Block to the NLRB, likely to replace Nancy Schiffer, whose appointment expires later this year. Block was one of the recess appointees to the...more

7/15/2014 - Corporate Counsel NLRA NLRB Recess Appointments

U.S. Supreme Court Unanimously Finds NLRB Recess Appointments Unconstitutional

As we reported to you in March 2013, in Noel Canning v. NLRB, the U.S. Court of Appeals for the DC Circuit ruled that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who...more

6/30/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

Under the FLSA, the NLRB Says Even "Non-Concerted" Activity Can Be Concerted

My colleagues and I have noted repeatedly over the past couple of years that the National Labor Relations Board takes a very expansive view of the National Labor Relations Act, even (and perhaps especially) when the case does...more

6/13/2014 - Class Action Employer Liability Issues FLSA Hiring & Firing NLRB Protected Concerted Activity Termination Unions Wage and Hour

NLRB Division of Advice Clarifies Duty to Bargain with Newly Certified Union over Discipline

Last week, the National Labor Relations Board’s Division of Advice issued a memorandum in which it clarified an employer’s duty to bargain with a newly certified union regarding the discipline of union-represented employees...more

6/4/2014 - Adverse Employment Action Collective Bargaining Employer Mandates NLRB Union Membership Unions

Meet Illinois’ Newest Power Couple: NLRB Region 13 And Illinois DOL Enter Into Formal Cooperation Agreement; NLRB Softens Strict...

The past few weeks have brought potentially important developments for employers at both the local and national level. First, in Chicago, the Regional Director for Region 13 of the National Labor Relations Board, Peter Sung...more

4/16/2014 - Default Judgment DOL Memorandum of Understanding NLRA NLRB

Revitalized National Labor Relations Board Sets An Aggressive Course

The National Labor Relations Board is now operating at full strength with five Board members who were properly nominated and confirmed. As a result, employers should expect increased activity as the Board seeks to make up for...more

3/4/2014 - NLRA NLRB Quickie Election Rules Union Elections Unions

NLRB Reissues “Quickie Election” Rule; Makes No Substantive Changes From Original 2011 Proposal

Today, the National Labor Relations Board announced that it was reissuing its “quickie election” rule in a new Notice of Proposed Rule Making. The Board previously issued this proposed rule back in June 2011, and a final,...more

2/6/2014 - NLRB Quickie Election Rules Union Elections

NLRB Formally Rescinds Quickie Election Rule, Still Assessing Next Move

On the heels of its decision earlier this month to abandon its previously enjoined notice posting rule, last week the National Labor Relations Board (NLRB) formally rescinded its “quickie election” rule that we have covered...more

1/29/2014 - Canning v NLRB NLRB Quickie Election Rules Recess Appointments

NLRB Bails On Notice Posting Rule; May Reconsider “Quickie Election” Rule?

Earlier this week, the National Labor Relations Board issued a statement that it would no longer pursue its appeal of two federal court decisions striking down its “notice posting” rule. ...more

1/9/2014 - Employee Rights NLRA NLRB Notice Requirements Posting Requirements Quickie Election Rules

Fifth Circuit Overrules NLRB On D.R. Horton Mandatory Arbitration Case

As we previously reported, in D.R. Horton, the NLRB held that a mandatory arbitration agreement that waives employees’ rights to participate in class or collective actions is unlawful under the National Labor Relations Act...more

12/6/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Collective Actions D.R. Horton D.R. Horton v NLRB Mandatory Arbitration Clauses NLRA NLRB

NLRB Back At Full Strength After Senate Approves Slate Of Nominees

As we reported earlier this month, Senate leaders reached a compromise to return a full complement of five members to the National Labor Relations Board after President Obama agreed to withdraw his February 2013 nominations...more

8/1/2013 - Barack Obama Confirmation Proceedings NLRB Political Appointments Recess Appointments

NLRB Decisions Point To Potentially Weaker Beck Rights For Employee Objectors

Recently, the National Labor Relations Board (NLRB) took another step toward expanding the ability of unions to impose requirements and costs on nonmember objectors even as it found that the Communications Workers of America...more

7/17/2013 - Collective Bargaining Employee Rights NLRB SCOTUS Unions

Supreme Court Grants Review Of Whether Neutrality, Card Check Agreements Violate LMRA

Overshadowed by the Supreme Court’s decision to hear the National Labor Relations Board’s appeal of Noel Canning, the D.C. Circuit’s recess appointments ruling, the Supreme Court also granted certiorari in Mulhall v. UNITE...more

6/25/2013 - Card Check Agreements Collective Bargaining LMRA NLRB SCOTUS Unions

Supreme Court To Hear Appeal Of D.C. Circuit’s Noel Canning Decision

In a widely expected decision, the Supreme Court announced this morning that it would hear the National Labor Relations Board’s appeal of the D.C. Circuit’s ruling that the recess appointments of Members Richard Griffin,...more

6/25/2013 - Canning v NLRB NLRB Recess Appointments SCOTUS

Fourth Circuit Joins D.C. Circuit In Vacating NLRB Notice Posting Rule

Last month, we reported on the D.C. Circuit’s decision invalidating the National Labor Relations Board’s “notice posting rule” that would have required nearly 6 million employers to conspicuously display the Board’s...more

6/21/2013 - NLRA NLRB Notice Requirements Posting Requirements

Federal Contractors Not Impacted By NLRB-Related Notice Posting Rule Decisions

Earlier this month, we reported that the D.C. Circuit rejected the National Labor Relations Board’s (NLRB) “notice posting rule” that would have required nearly 6 million employers to conspicuously display the Board’s...more

6/3/2013 - Contractors Federal Acquisition Regulations NLRA NLRB Notice Requirements Posting Requirements Subcontractors

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National...more

5/17/2013 - Barack Obama NLRB Recess Appointments

D.C. Court Of Appeals Vacates NLRB Notice Posting Rule

A federal appellate court yesterday rejected the National Labor Relations Board’s “notice posting rule” that would have required nearly 6 million employers to conspicuously display the Board’s employee-rights poster. Last...more

5/8/2013 - Employee Rights First Amendment NLRA NLRB Notice Requirements Posting Requirements Unfair Labor Practices

NLRB Affirms ALJ On Facebook Firing Case

As we have discussed in several previous alerts, the National Labor Relations Board continues to pursue complaints against employers related to an expanding realm of policies and social media activity. In another recent...more

5/1/2013 - ALJ Facebook Hiring & Firing NLRB Protected Concerted Activity Social Media

NLRB Appeals Noel Canning Decision To The Supreme Court

As we discussed at the end of January, in Noel Canning, the D.C. Circuit ruled that the recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the NLRB were...more

3/13/2013 - Canning v NLRB NLRB Recess Appointments SCOTUS

Noel Canning Aftermath: Perspectives For Employers Three Weeks After D.C. Circuit’s Important NLRB Decision

Three weeks after the D.C. Circuit invalidated President Barack Obama’s January 2012 recess appointments to the National Labor Relations Board (NLRB), we can provide some better perspective on what the decision means for...more

2/18/2013 - Canning v NLRB NLRB Pro Forma Sessions Recess Appointments

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