Proskauer - Labor Relations

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 of…more

| Labor & Employment Law

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

| Administrative Law, Alternative Dispute Resolution (ADR), Labor &...

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 can…more

| Civil Procedure, Labor & Employment Law

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

| Administrative Law, Alternative Dispute Resolution (ADR), Commercial Law...

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

| Constitutional Law, Elections & Politics, Labor & Employment Law

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

| Labor & Employment Law

One Step Backward for NLRB Election Rules

The NLRB has agreed to voluntarily dismiss its D.C. Circuit appeal in the so-called “ambush” election rules case. The voluntary dismissal of the appeal effectively renders the Board’s previously promulgated election rules a dead…more

| Civil Procedure, Constitutional Law, Labor & Employment Law

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

| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law &...

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

| Labor & Employment Law

NLRB Prepared (Sort Of) For Government Shutdown

The shutdown of the federal government has reached many facets of society, including the NLRB. The agency for all intents and purposes closed within a day of the lapse in funding, with Board agents throughout the country sending…more

| Elections & Politics, Labor & Employment Law

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

| Elections & Politics, Labor & Employment Law

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

| Labor & Employment Law

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