National Labor Relations Board

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five... more +

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.

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News & Analysis as of May 25, 2013

You “Like” Me, You Really “Like” Me – Looking At The Legal Effect Of Facebook Likes And Friends

by Travis Crabtree | Looper Reed & McGraw, P.C. on 5/24/2013

Is liking something expressive activity protected by the First Amendment? Does being a Facebook “friend” create the appearance of impropriety requiring the judge to recuse himself from the case?...more

Second Ruling against NLRB Recess Appointments Raises More Questions for CFPB

by Keith R. Fisher, Alan S. Kaplinsky | Ballard Spahr LLP on 5/24/2013

A second circuit court ruling invalidating one of President Obama’s recess appointments to the National Labor Relations Board could provide additional ammunition to anyone inclined to challenge the validity of his choice to...more

Employment Law -- May 22, 2013

by Manatt, Phelps & Phillips, LLP on 5/23/2013

Welcome to the first installment of our bi-monthly employment newsletter. Every two weeks we will highlight recent court decisions and upcoming legislation that impact California employers. We hope you will find the content...more

McAfee & Taft Employer LINC: LABOR LAW UPDATE - Pro-union poster rule strikes out

by McAfee & Taft on 5/22/2013

During the last several years, the National Labor Relations Board has taken an increasingly active stance in promoting unions and union organizing efforts. Yesterday, the U.S. Court of Appeals for the District of Columbia...more

No Opposition Expected to SG’s Certiorari Petition in Noel Canning

by Keith R. Fisher | Ballard Spahr LLP on 5/21/2013

As we reported earlier, the Solicitor General of the United States (SG) has filed in the U.S. Supreme Court a petition for a writ of certiorari to the U.S. Court of Appeals for the District of Columbia Circuit in Noel Canning...more

NLRB Posting Still Required for Federal Contractors

by Thompson Coburn LLP on 5/21/2013

On May 7, 2013, the D.C. Circuit vacated a National Labor Relations Board (“NLRB” or “Board”) rule that would require most private sector employers to display a poster informing employees of their rights under the National...more

The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers

by Alyesha Asghar Dotson | Spilman Thomas & Battle, PLLC on 5/21/2013

In 2012, the National Labor Relations Board (NLRB) set the business community atwitter when an administrative law judge in American Red Cross decided that an at-will disclaimer in an employee handbook violated the National...more

Legal Alert: Another Federal Court Invalidates The Recess Appointment Of An NLRB Member

by FordHarrison on 5/21/2013

In a 2-1 decision, the Third Circuit has held that the President's recess appointment of Craig Becker to the National Labor Relations Board was invalid because he was not appointed during an intersession break of Congress as...more

D.C. Circuit Strikes Down NLRB’s Notice-Posting Rule

by Christopher Feudo | Foley Hoag LLP on 5/20/2013

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia ruled in National Association of Manufacturers v. NLRB that the National Labor Relations Board’s rule requiring employers to post notices informing...more

Third Circuit Holds Another Recess Appointment Unconstitutional: Implications for the CFPB

by Michael Mallow, Michael Thurman | Loeb & Loeb LLP on 5/20/2013

Just two months after the District of Columbia Circuit Court of Appeals ruled in Canning v. National Labor Relations Board that President Barack Obama's January 2012 appointment of three new members of the National Labor...more

Second Appellate Court Holds NLRB Recess Appointments Unconstitutional

by Denise Keyser, Mark Kowal | Ballard Spahr LLP on 5/20/2013

Yesterday, in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit became the second circuit to hold that intrasession recess appointments violate the Recess Appointments Clause (RAC)...more

NLRB Continues To Scrutinize Social Media Policies And Activities

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 5/20/2013

Recent decisions from the full National Labor Relations Board (NLRB) as well as an NLRB Administrative Law Judge (ALJ) highlight the fact that social media policies and employee communications remain on the agency's radar and...more

Update On The NLRB Poster Litigation

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/20/2013

As Business Week reports this week, the US Court of Appeals for the District of Columbia struck down the poster requirement created by the National Labor Relations Board. ...more

Third Circuit Holds Craig Becker’s NLRB Recess Appointment Unconstitutional

by Morgan Lewis on 5/20/2013

A second federal appellate court holds that President Obama's NLRB recess appointments were invalid and potentially calls into question every Board decision since March 2010....more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - May 17, 2013

by BuckleySandler LLP on 5/20/2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - PRIVACY/DATA SECURITY - Excerpt from...more

New Employee Privacy and Union Voting Rights Laws in Virginia Go Into Effect July 2013

by Thomas J. Flaherty, Rebecca Roche | Littler on 5/20/2013

Virginia has enacted two new laws that are intended to enhance employee protections, particularly during union organizing drives in the Commonwealth. One law guarantees the right to vote in a secret ballot election. The...more

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

by Doug Hass, Christopher A. Johlie | Franczek Radelet P.C. on 5/17/2013

In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National...more

No Surprises in Senate Committee Hearing on NLRB Nominees

by Ronald Meisburg | Proskauer - Labor Relations on 5/17/2013

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

Third Circuit Sides With D.C. Circuit’s Determination That Recess Appointments Are Unconstitutional

by Matthew J. Kelley | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2013

Today, in a 102-page decision, the Third Circuit Court of Appeals dealt the National Labor Relations Board (NLRB) a significant blow and gave employers another victory in their attempts to have President Obama’s recess...more

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

by Ronald Meisburg | Proskauer - Labor Relations on 5/17/2013

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

NEWS FLASH: Third Circuit agrees with D.C. Circuit reading of Recess Appointments Clause

by Barbara S. Mishkin | Ballard Spahr LLP on 5/17/2013

The dark cloud that has been hanging over CFPB Director Richard Cordray’s recess appointment just got darker. In a 2-1 decision in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit...more

Federal Appeals Court Strikes Down NLRB Notice Rule

by Phillips Lytle LLP on 5/16/2013

In a major victory for employers on May 7th, the U.S. Court of Appeals for the District of Columbia struck down the National Labor Relations Board’s (“NLRB”) August 2011 regulation requiring private businesses to post an...more

Party Foul! NLRB Orders Reinstatement and Back Pay for Party Bus Guide After Finding Facebook Postings Amount To Protected Union...

by Chris Brown, Alexandra Stathopoulos, Michael Weil | Orrick - Global Employment Law Group on 5/16/2013

Providing yet another example of how online social networking can amount to protected conduct under the National Labor Relations Act, the NLRB ruled earlier this month in New York Party Shuttle, LLC and Fred Pflantzer, CN:...more

SuperVision Today - 2nd Quarter 2013

by Erin Jones Adams, R. Scott Adams, Alyesha Asghar Dotson, Carrie Harris, Eric W. Iskra, Eric E. Kinder, Richard Wallace | Spilman Thomas & Battle, PLLC on 5/16/2013

In This Issue: - Notes from the Chair & Executive Editor - The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers - Interns This Summer? Evaluating Your Unpaid Internship Programs...more

NLRB Prevented From Requiring Employers To Post Notices

by David Houston, James B. Perry | Dickinson Wright on 5/16/2013

On Tuesday, May 7, 2013, a three Judge panel of the United States Court of Appeals for the District of Columbia Circuit Court unanimously rejected the National Labor Relations Board (NLRB) rule requiring private sector...more

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