Mark Theodore

Mark Theodore

Proskauer Rose LLP

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No Duty To Bargain Over Discipline During Contract Hiatus, NLRB Division of Advice

The NLRB has been active but quiet during the last few months as the agency quietly reaffirms decisions nullified by the Supreme Court. By all accounts, however, and as history has proved, the NLRB is getting ready to issue...more

12/10/2014 - Agreement To Negotiate Allen Ritchey Disciplinary Proceedings NLRB SCOTUS Unions

Supreme Court Invalidates Recess Appointments To NLRB: Several Labor Board Decisions Now In Doubt

In a rare 9-0 decision issued today, the United States Supreme Court invalidated the recess appointments President Obama made to the NLRB on January 4, 2012, while the Senate was in a three day recess. The decision in...more

6/27/2014 - Canning v NLRB NLRA NLRB Recess Appointments SCOTUS

U.S. Government Formally Seeks Supreme Court Review Of Recess Appointment Case

As noted here earlier, the government announced its intention to seek Supreme Court review of the DC Circuit decision which held that the President’s recess appointments to the NLRB were unconstitutional. The 138 page...more

4/29/2013 - NLRB Recess Appointments SCOTUS

Update: NLRB Seeks U.S. Supreme Court Review Of Recess Appointments

The NLRB announced today that the agency would seek U.S. Supreme Court review of the D.C. Circuit decision in Noel Canning, which ruled that the President’s recess appointments made last year (and perhaps in the years prior)...more

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

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