Ronald Meisburg

Ronald Meisburg

Proskauer Rose LLP

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Advice, Anyone?

The NLRB General Counsel has issued a memorandum setting out those cases and issues he wants sent from the regional offices to the Division of Advice in Washington, DC. The Division of Advice, as the name suggests, is the arm...more

2/27/2014 - NLRB

Is Deferral to Labor Arbitration Awards in Jeopardy?

The National Labor Relations Board has issued a press release announcing its intention to revisit precedent created under a pair of Board decisions nearly 59 and 30 years old, respectively. The precedent involves under what...more

2/11/2014 - Arbitration Arbitration Awards Deferred Action NLRB

They’re Ba-ack: NLRB to Re-Propose Election Regulations

As expected, the NLRB has announced that it is again proposing regulations to amend its representation case election procedures. A copy of the Notice of Proposed Rulemaking submitted to the Federal Register for publication...more

2/5/2014 - Election Laws NLRB

NLRB ALJ Says That Under D.R. Horton, Actions Speak As Loudly as Words

A few weeks ago, we posted about the Fifth Circuit’s decision in the D.R. Horton case and the NLRB’s doctrine of non-acquiescence. As you will recall, in D.R. Horton, the NLRB held that an employer violates the right of...more

1/22/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Collective Actions D.R. Horton D.R. Horton v NLRB Federal Arbitration Act NLRB Non-Acquiescence

Noel Canning Oral Argument: Justices Express Skepticism

My experience is that oral arguments, while often interesting, rarely open much of a window into exactly how a court will actually decide the case. Today’s Supreme Court argument in NLRB v. Noel Canning may be an exception....more

1/14/2014 - Canning v NLRB NLRB Recess Appointments SCOTUS

The NLRA Rights Poster Lives on Through Other Means

The NLRB’s decision not to pursue Supreme Court review in the NLRA rights poster cases (which, depending on what happened behind the scenes, may have in reality been a decision by the Solicitor General of the United States)...more

1/10/2014 - National Association of Manufacturers NLRA NLRB Posting Requirements Unions

D.R. Horton and the Doctrine of Non-Acquiescence

Today’s decision by the U.S. Court of Appeals for the Fifth Circuit in D.R. Horton, Incorporated v. National Labor Relations Board, is a victory for employers who seek to chanel work related disputes (other than NLRB charges)...more

12/4/2013 - Arbitration Class Action D.R. Horton D.R. Horton v NLRB NLRA NLRB Non-Acquiescence

Griffin Confirmed as NLRB General Counsel

The United States Senate has confirmed Richard Griffin to be General Counsel of the National Labor Relations Board, giving the Board its first confirmed General Counsel in over three years, probably the longest time that the...more

10/30/2013 - NLRB Richard Griffin

Furloughed NLRB Employees Return to Work — Will GC Nominee Griffin be Next?

On the same day that furloughed federal government employees are returning to work, it is being reported that a roll call vote will be scheduled in the Senate to invoke cloture (i.e., end debate) on the nomination of Richard...more

10/18/2013 - Corporate Counsel NLRB Nominations Political Appointments Richard Griffin

NLRB Closed Per Request?

Give the government long enough, and eventually it responds to the will of the people. In 2007 pickets demanded that the National Labor Relations Board be closed. You can see the picture here. Now, a few years later, these...more

10/3/2013 - Government Shutdown NLRB

I Just Want to Testify

I had the opportunity last week to testify before the U.S. House of Representatives Committee on Education and the Workforce, Subcomittee on Health, Education, Labor and Pensions. The subject of my testimony was “What to Look...more

9/25/2013 - NLRA NLRB Testimony

Opening Salvo

The NLRB has filed its opening Supreme Court brief in the Noel Canning case, in which the validity of the President’s January, 2012 recess appointments of former, putative NLRB members Richard Griffin and Sharon Block are at...more

9/17/2013 - Canning v NLRB NLRB Recess Appointments Richard Griffin SCOTUS Sharon Block

Overtaken by Events

A few weeks ago we blogged about consolidated cases pending in the U.S. Court of Appeals for the District of Columbia Circuit, in which the petitioners were seeking writs of mandamus or prohibition, to stop the NLRB from...more

8/20/2013 - Canning v NLRB NLRB Writ of Mandamus

Sixth Circuit Upholds Board’s Decision in Specialty Healthcare

In the first judicial challenge to the NLRB’s Specialty Healthcare decision, the U.S. Court of Appeals for the Sixth Circuit has upheld the Board....more

8/16/2013 - Bargaining Units Healthcare NLRB Specialty Healthcare

No Surprises in Senate Committee Hearing on NLRB Nominees, Part II

As in the previous hearing on NLRB nominees, today’s hearing on two new nominees – Nancy Schiffer and Kent Hirozawa – went off about as expected....more

7/24/2013 - Kent Hirozawa Nancy Schiffer NLRB Nominations

NLRB Advice Memo Pulls Together Principles Applied in Evaluating Employer Work Rules and Social Media Policies

A 2012 Advice Memo from the National Labor Relations Board’s (“NLRB”) General Counsel was recently publicly released in response to a Freedom of Information Act request....more

7/24/2013 - Advisory Opinions Employer Liability Issues Employer Mandates NLRA NLRB Social Media Social Media Policy

What’s Happens Now?

How will the deal reached in the Senate regarding NLRB nominations impact the recess appointment dispute in the Noel Canning case pending at the U.S. Supreme Court, and the many other cases presenting the issue pending in the...more

7/18/2013 - Canning v NLRB Confirmation Proceedings Harry Reid NLRB Political Appointments Recess Appointments SCOTUS

Let’s Make a Deal!

Reportedly there is a tentative deal between Republicans and Democrats in the U.S. Senate which will avoid the so-called “nuclear option” of eliminating filibusters of certain Presidential nominations....more

7/17/2013 - Filibuster Nominations Political Debates Recess Appointments

Despite Supreme Court’s Grant of Review in Two Important Labor Cases, the Action in the Short Term is in the DC Circuit

It came as no surprise to most labor practitioners this week that the Supreme Court granted certiorari to review the U.S Court of Appeals for the District of Columbia Circuit’s decision in NLRB v. Noel Canning, No. 12-1281....more

6/27/2013 - Canning v NLRB Certiorari Collective Bargaining NLRB Recess Appointments SCOTUS Unions

No Surprises in Senate Committee Hearing on NLRB Nominees

There were no real surprises at today’s Senate HELP Committee’s hearing on President Obama’s five NLRB member nominees. The Senate Committee members agreed that the nominees were well qualified for the jobs, and thanked them...more

5/17/2013 - NLRB Nominations

Third Circuit Holds Former NLRB Member Becker’s Recess Appointment Invalid, Vacates NLRB Decision Made In August, 2011

The United States Court of Appeals for the Third Circuit has held that the President’s recess appointment power is limited to intersession recesses, i.e., those recesses which occur (if they occur at all) between sessions of...more

5/17/2013 - NLRA NLRB Recess Appointments

DC Circuit Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA

A federal appeals court has rebuffed the NLRB's attempt to require employers to post in a "conspicuous" place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB's...more

5/14/2013 - Free Speech NLRA NLRB Notice Requirements Posting Requirements Quorum Statute of Limitations

General Counsel’s Division of Advice Issues Helpful Guidance on Confidentiality Rules in Workplace Investigations

As we reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the NLRB reviewed an employer’s blanket policy of requiring witnesses to maintain confidentiality during...more

4/24/2013 - Banner Estrella Medical Center Banner Health System Confidential Employer Investigations NLRA NLRB Protected Concerted Activity

The End of an Error

Unnoticed and with no fanfare, the Board brought the two member era to a close with its adoption of the last of the two member Board decisions, The Fremont-Rideout Health Group, 359 NLRB No. 51 (January 15, 2013)....more

2/14/2013 - Collective Bargaining Fremont-Rideout NLRA NLRB Unions

Court’s Ruling That NLRB Appointments Were Invalid Introduces Uncertainty Going Forward

The United States Court of Appeals for the District of Columbia Circuit has issued a decision invalidating the President's January 4, 2012 recess appointments to the National Labor Relations Board ("NLRB" or "Board")....more

1/29/2013 - Barack Obama Canning v NLRB NLRB Political Appointments Pro Forma Sessions Recess Appointments

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