Ronald Meisburg at Proskauer Rose LLP

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

NLRB Decision Sets New Rule on Confidentiality of Witness Statements

The National Labor Relations Board continued its attack on long established internal investigation best practices with its recent ruling in American Baptist Homes of the West, 359 NLRB No. 46 (December 15, 2012) in which it...more

1/3/2013 - Arbitration Confidential Documents Discovery Internal Investigations NLRB Witness Statements

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Ronald Meisburg

Proskauer Rose LLP

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