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 presidentially-appointed... 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.    less -
News & Analysis as of

Amicus Briefs Submitted to NLRB on Appeal of Northwestern University Decision

As previously noted in this blog, the National Labor Relations Board (“NLRB”) has sought amicus curiae briefing in the Northwestern University and College Athletes Players Association matter on review of the NLRB Regional...more

Supreme Court Holds President May Make Recess Appointments During Intra-Session Recesses Of Sufficient Length

On June 26, the Supreme Court rejected the federal government’s challenge to a January 2013 decision by the D.C. Circuit that appointments to the National Labor Relations Board (NLRB) made by President Obama in January 2012...more

eAlert - Supreme Court Nixes Obama Administration's NLRB Recess Appointments

The U.S. Supreme Court, on the last day of its current term, has now had the final say in the Obama Administration's recess appointments controversy involving Noel Canning, a bottler of Pepsi-Cola products, and the National...more

Supreme Court Invalidates NLRB Appointments

In a highly anticipated decision, the U.S. Supreme Court unanimously invalidated three recess appointments to the National Labor Relations Board (NLRB) that President Barack Obama made in January 2012. NLRB v. Noel Canning,...more

Bubba Gump Shrimp’s Social Media Policy Passes Muster, ALJ Says

In Landry’s Inc., Case No. 32-CA-118213 (June 26, 2014), an NLRB Administrative Law Judge (ALJ) found a social media rule concerning its wholly owned subsidiary, Bubba Gump Shrimp Co. Restaurants, Inc., to not violate the...more

It's Unanimous: Recent NLRB Appointments Ruled Unconstitutional

In a unanimous opinion released on June 25, 2014 the United States Supreme Court held in NLRB v. Noel Canning et al. that President Obama's recess appointments to the National Labor Relations Board (NLRB) in January 2012 were...more

Supreme Court Invalidation of NLRB Recess Appointments Clouds Many Board Decisions

The U.S. Supreme Court handed down a unanimous opinion on June 26, 2014, in National Labor Relations Board v. Noel Canning, ruling that President Obama's recess appointments to the National Labor Relations Board (NLRB or "the...more

Supreme Court Says Obama Overstepped Authority with Three NLRB Recess Appointments

Last week, the Supreme Court issued a long-awaited decision addressing the question of whether three recess appointees to the NLRB passed Constitutional muster....more

What does the Noel Canning decision mean for you?

On Thursday, the United States Supreme Court issued its much-anticipated decision in NLRB v. Noel Canning, upholding the D.C. Circuit and finding that President Obama’s three January 2012 “recess appointments” to the National...more

Supreme Court Rules President’s 2012 Appointments to NLRB Unconstitutional, Invalidates Key Pro-Union NLRB Decision, and...

In a unanimous decision issued June 26, 2014, the Supreme Court ruled that President Obama’s three so-called recess appointments to the National Labor Relations Board in January 2012 were unconstitutional and invalidated the...more

Breaking Down New Regulatory and Administrative Initiatives in the L&E Space

Recently, the NLRB chair, Mark G. Pearce, confirmed that the Board will continue its emphasis on social media cases. In 2011 and 2012, NLRB Acting General Counsel Lafe Solomon released three memoranda detailing the results of...more

General Counsel Office Advocates Dramatic Change to Joint Employer Standard

Earlier this year, in the case of Browning –Ferris Industries of California, Inc., 32-RC-109684, the NLRB invited parties to submit briefs on whether the Board should change its long-held standards for assessing when two...more

Invalid NLRB Recess Appointments Mean Controversial Decisions Get a Second Look

In Noel Canning, the U.S. Supreme Court unanimously decided that President Obama’s January 2012 recess appointments to the National Labor Relations Board (“NLRB” or the “Board”) violated the Constitution. Non-union and union...more

Supreme Court Opinion Calls Into Question Hundreds of NLRB Rulings

On Thursday, June 26, 2014, the Supreme Court issued its long-awaited Noel Canning decision and invalidated President Obama’s January 2012 appointments of three individuals to the National Labor Relations Board (NLRB),...more

Unanimous Supreme Court Strikes Down Obama's NLRB Appointments

The United States Supreme Court recently issued a much anticipated decision in NLRB v. Noel Canning, holding that President Obama’s three appointments to the National Labor Relations Board (“NLRB”) during the Senate’s pro...more

Unanimous Supreme Court Rebukes President Obama for Unconstitutional NLRB Recess Appointments

On June 26, 2014, the United States Supreme Court handed down its Noel Canning decision, unanimously finding that President Obama's January 4, 2012, appointments of Sharon Block, Richard Griffin and Terence Flynn to the...more

After NLRB v. Canning: A Practical Guide For Employers

The Supreme Court’s decision last week in NLRB v. Canning left many employers scratching their heads – and with good reason. Sure, the unanimous ruling served as a rebuke to the Obama Administration, and hundreds of...more

Supreme Court Invalidates NLRB Recess Appointments

Last week the U.S. Supreme Court issued its highly anticipated decision in Noel Canning v. NLRB. Affirming the D.C. Circuit's January 2013 ruling in favor of beverage distributor Noel Canning, the Court held that President...more

Supreme Court Invalidates President Obama’s NLRB Recess Appointments

Previously, the NLRB found that employer Noel Canning unlawfully refused to reduce to writing and sign a collective-bargaining agreement the terms of which it had orally agreed to. The NLRB ordered Noel Canning to sign that...more

Employment Flash (June 2014)

In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...more

Supreme Court Rejects Obama’s Recess NLRB Appointments

On June 26, 2014, the U.S. Supreme Court unanimously limited the President’s power to make recess appointments under the Recess Appointments Clause of the Constitution, Art. II, Sect. 2, Cl. 3. While the decision involved...more

What Does 'Noel Canning' Mean for the NLRB's Previously Decided Cases?

A comprehensive summary of the most significant previously-issued NLRB decisions up for reconsideration now that the U.S. Supreme Court has declared President Obama's recess NLRB appointments unconstitutional....more

Supreme Court Rules Recess Appointments of NLRB Members Unconstitutional

On June 26, 2013, the U.S. Supreme Court held in National Labor Relations Board v. Noel Canning that President Obama’s use of recess appointments to fill three vacancies on the National Labor Relations Board in January 2012...more

Hensarling and CFPB disagree on impact of Supreme Court’s Canning decision

It should be no surprise that the CFPB and Republican Congressman Jeb Hensarling, who chairs the House Financial Services Committee, have different perspectives on the U.S. Supreme Court’s ruling last week that President...more

Supreme Court Rejects NLRB Appointments

Yesterday the U.S. Supreme Court ruled that President Obama did not have the authority to make recess appointments—appointments that bypass the normal Senate-approval process—of three members of the National Labor Relations...more

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