Proskauer - Labor Relations

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 for…more

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 the…more

A federal appeals court today rebuffed the NLRB’s attempt to require all employers under its jurisdiction to post in a “conspicuous” place in the workplace a poster that informs employees of their rights under the National Labor…more

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 document…more

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

The NLRB has ruled that an employer is liable to lost wages for a union representative who allegedly suffered injuries "after being pushed down a flight of stairs at a work site. The case is Norquay Construction, Inc., 359 NLRB…more

As we have seen repeatedly in the last year, the NLRB has taken it upon itself to police employer policies often finding a phrase or two to be a violation of the Act. In recent months we have seen the NLRB seemingly pullback on…more

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

The fallout from Noel Canning has been felt far and wide. The DC Circuit Court’s January 25, 2013 decision certainly put all NLRB decisions made since January 4, 2012 (the date Members Block and Griffin received their recess…more

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

As we noted last month, the federal court of appeals in DC heard the first case on the constitutionality of the recess appointments to the NLRB. Today, a three judge panel ruled unanimously that the appointments of Members…more

The precedents are falling fast. Last week the NLRB overruled the five decade old Bethlehem Steel decision, and now another longstanding precedent has fallen…more

On Friday, December 21, 2012 the Administration published its regulatory agenda for the coming year. The Administration usually publishes a Spring version but did not do so in 2012…more

Last week the NLRB issued several significant decisions. In the press release announcing the decisions, the agency noted that most were actually issued “the week of December 10, but were issued this week following editing and…more

Claiming that the Board “has never provided a coherent explanation” for the 50 year old rule that the obligation to continue deducting dues pursuant to a dues checkoff provision ceases upon expiration of the collective…more