National Labor Relations Board Supreme Court of the United States

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

Employment Law

Same-Sex Harassment Suits Yield Sizable Settlements - Why it matters: Same-sex sexual harassment made headlines recently after the Equal Employment Opportunity Commission reached settlements with two different...more

2013 Employment Law Growing Pains

Every year there are developments in employment law that challenge accepted norms of practice and require creative workable solutions. In particular 2013 had several areas that caused some of these “growing pains,” including...more

Employment Flash - February 2014

In This Issue: - US Supreme Court Rules on Donning and Doffing Issue - NLRB Judge Invalidates Arbitration Agreement Without Class Action Waiver - Second Circuit Rules on Single Employer Liability Under the WARN...more

NLRB and Wal-Mart Face Off Over Strikes

From making and dropping rules, to prompting U.S. Supreme Court cases about recess appointments and constitutionality, the National Labor Relations Board has generated plenty of attention in the past few months. One of its...more

NLRB 2013 Year in Review and 2014 Initiatives

Key labor law developments of 2013 are reviewed here for employers to consider as they look ahead to National Labor Relations Board (NLRB) developments in 2014. Employers should prepare to respond to the NLRB's continued...more

Fifth Circuit Delivers Crippling Blow to Controversial NLRB Class Action Waiver Theory

Arbitration is generally supposed to be faster, cheaper, and more predictable than litigation. Homebuilder D.R. Horton, like many other employers, certainly believed this when, in 2006, it began requiring employees to sign...more

Analysis: Wal-Mart case seen a key test in struggle over labor rights

A challenge by the U.S. National Labor Relations Board (NLRB) to Wal-Mart Stores Inc’s treatment of striking workers is likely to become a critical symbol of labor unions’ attempts to organize the many non-union workplaces in...more

Former NLRB Board Member Offers Opinion On Noel Canning

As a follow-up to our previous blog, this past Monday, January 13, 2014, the U.S. Supreme Court heard oral arguments in NLRB v. Noel Canning, the controversial case dealing with the President's ability to make appointments...more

NLRB Abandons ‘Poster Rule’

The National Labor Relations Board (NLRB) recently announced that it will not seek U.S. Supreme Court review of the two Court of Appeals decisions invalidating the NLRB’s 2011 posting rule requiring employers to post notices...more

NLRB Effectively Scraps Plans (For Now) To Pursue Notice Posting Rule By Deciding Not To Seek Review By U.S. Supreme Court

The National Labor Relations Board (NLRB) has suffered a series of setbacks recently at the hands of federal judges. In December, the Fifth Circuit Court of Appeals largely struck down the NLRB's prohibition on class action...more

U.S. Supreme Court Hears Noel Canning Case Regarding Recess Appointments to the NLRB

On Monday, January 13, 2014, the United States Supreme Court heard oral arguments in the Noel Canning case. The court will rule on the validity of the controversial recess appointments to the NLRB made by President Obama on...more

What 2013 Gifts will Employers be Enjoying well into 2014?

The holidays have come and gone. I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for. I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins....more

NLRB Drops Its Pursuit of Notice-Posting Rule

The National Labor Relations Board recently announced that it would not seek U.S. Supreme Court review of two U.S. Court of Appeals decisions that struck down its proposed union poster rule. The rule, originally announced by...more

Supreme Court Hears Oral Argument in the Noel Canning “Recess Appointments” Case

This morning, the Supreme Court of the United States heard 90 minutes of oral argument in a landmark case regarding the constitutionality of President Obama’s January 4, 2012 “recess appointments” to the National Labor...more

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

Court is (Still) in Session: Updates On Three Key Employment Cases Pending Before the United States Supreme Court

Back on October 8, 2013, we highlighted three cases currently pending on the United States Supreme Court docket that employers will definitely want to follow. The cases address issues ranging from the proper interpretation of...more

Board Will Not Seek Supreme Court Review Of Decisions Invalidating Notice Posting Rule

The National Labor Relations Board (NLRB) has announced that it will not seek Supreme Court review of the decisions of two federal appeals courts that invalidated the Board's Notice Posting Rule. The Rule would have required...more

New Year Opens With Demise Of The NLRB’s “Poster” Rule And Further Delay For The DOL’s “Persuader” Rule

While 2014 is by most accounts predicted to be a robust regulatory year for the National Labor Relations Board (“NLRB”) and the Department of Labor (“DOL”), the initial start has commenced with only a sputter. Effectively...more

Stoel Rives World of Employment's Top Predictions for 2014

As 2013 draws to a close, our Labor and Employment group put its collective head together to come up with our top predictions, from the cautious to the audacious, for what the new year will bring. Stay tuned in 2014 to see...more

Labor & Employment E-Note - December 12, 2013

In This Issue: - High Court Gives NLRB Time to Challenge Recess Appointments - High Court Hears Case on Union, Employer "Neutrality Agreements" - Appeals Court Overturns NLRB Arbitration Agreements Decision -...more

Fifth Circuit Permits Class Action Waivers In Arbitration Agreements

The Fifth Circuit Court of Appeals recently handed a victory to employers in D.R. Horton, Inc. v. National Labor Relations Board, 12-60031, 2013 W.L. 6231617 (5th Cir. Dec. 3, 2013), reversing an Order of the National Labor...more

Noel Canning Implications Of Mandatory Bargaining Of Discretionary Discipline

In January, the Supreme Court will hear oral arguments on NLRB v. Noel Canning. Over 700 cases could potentially be impacted with the Court's decision. Though Noel Canning deals with somewhat esoteric questions—whether the...more

What To Expect From The NLRB In 2014

The NLRB is back in business. After several years in the weeds, there is now a fully constituted Board, a confirmed General Counsel and no questions as to the legitimacy of any appointments....more

“Alleged Clothes,” “Things of Value,” and “Recess Appointments”: What’s In “Store” In The New Supreme Court Term

Last week started the 2013-2014 Term at the Supreme Court of the United States. While the hot issues last year were DOMA, Title VII (Vance v. Ball State University and University of Texas Southwestern Medical Center v....more

The Supreme Court’s 2013-2014 Term

The Supreme Court’s 2013-2014 term opened yesterday. In this term, the Court will hear and decide a number of cases affecting employers, including two key cases focusing on labor-management relations. ...more

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