News & Analysis as of

Political Appointments National Labor Relations Board

Miscimarra Named Acting NLRB Chairman, Replacing Pearce

by Jackson Lewis P.C. on

Republican Philip A. Miscimarra has been appointed acting chairman of the National Labor Relations Board  by President Donald J. Trump, according to Law360. Miscimarra replaces Mark Gaston Pearce, whose term expires on August...more

President Names Miscimarra as Acting Chair of the National Labor Relations Board

On January 26, President Donald Trump announced the designation of current National Labor Relations Board Member Philip Miscimarra as the Board's Acting Chairman, replacing former Board Chairman Mark Gaston Pearce. Miscimarra...more

Manufacturing Law Predictions for 2017:  Labor and Employment

As has been our tradition, January is the time to predict the big developments in the coming year which will impact on manufacturers. Notwithstanding my “Lawyer’s Shrug,” here is my take on 2017....more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

by Littler on

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

For Its 2016-2017 Term, Supreme Court Takes A Cautious Approach, With Few Blockbuster Labor and Employment Cases

by Franczek Radelet P.C. on

Last week, the U.S. Supreme Court began its first full term since the death of Justice Antonin Scalia, the central advocate for the Court’s conservative bloc. Since Justice Scalia’s death this past February, the Court has...more

Labor Issues Staying at the Forefront of Political, Legal Discussions with NLRB, DOL Activity

by Franczek Radelet P.C. on

As we have discussed over the past few weeks, the NLRB was busy as 2014 drew to a close. On December 11, 2014, the Board overruled its Register Guard decision in Purple Communications, establishing a new standard that...more

The Employment Law Authority - December 2014

In This Issue: - Justices Issue Pro-Employer Rulling in FLSA Case - Ogletree Deakins Named A "Law Firm of the Year" - California Mandates Anti-Bullying Training for Supervisors - OFCCP Issues Final...more

What Has the “Nuclear Option” Wrought?

With the Obama administration unable to get labor and employment law changes through a gridlocked Congress, one of its significant accomplishments and lasting legacies may be its remarkable record of reshaping federal...more

No Recess: Supreme Court Decision Invalidates Three 2012 NLRB Appointments and Narrows President’s Recess Appointment Powers

by Williams Mullen on

On June 26, 2014, the United States Supreme Court ruled that President Obama’s purported “recess” appointments of three National Labor Relations Board members was an invalid exercise of executive power. The decision has...more

Senate Confirms National Labor Relations Board Nomination of Richard Griffin as General Counsel

by Hodgson Russ LLP on

On October 29, 2013, the Senate approved President Obama’s nomination of Richard F. Griffin, Jr. to the position of general counsel to the National Labor Relations Board (NLRB or the Board). Since Republicans had been...more

Pro-Union Attorney to Head NLRB

by Hinshaw & Culbertson LLP on

The U.S. Senate has confirmed union lawyer Richard Griffin to serve as general counsel for the National Labor Relations Board (“NLRB”)....more

Furloughed NLRB Employees Return to Work — Will GC Nominee Griffin be Next?

by Proskauer - Labor Relations on

On the same day that furloughed federal government employees are returning to work, it is being reported that a roll call vote will be scheduled in the Senate to invoke cloture (i.e., end debate) on the nomination of Richard...more

The NLRB’s “Quickie Election” Rule and the DOL’s “Persuader” Rule: Back in the Spotlight with NLRB and Labor Appointments

by K&L Gates LLP on

Recently, the Senate confirmed Thomas Perez as Secretary of Labor and all five of President Obama’s nominees to serve as members of the National Labor Relations Board (“NLRB”)....more

Legal Alert: Federal Court Finds NLRB Acting General Counsel Solomon's Appointment Invalid

by FordHarrison on

A federal trial court in Washington state has held that the President violated the Federal Vacancies Reform Act (5 U.S.C. § 3345, et. seq.) when he appointed Lafe Solomon as Acting General Counsel for the National Labor...more

Federal District Court First to Rule “Acting” General Counsel Lafe Solomon’s Appointment Invalid

In a decision that is likely to generate numerous questions and perhaps some confusion, a federal district court judge in the U.S. District Court for the Western District of Washington issued an order on August 13 that found...more

Senate Confirms President Obama's NLRB Nominees, But This Development Is Unlikely To Render Noel Canning Moot

by Laner Muchin, Ltd. on

As part of a deal to avoid changes to its filibuster rules, the Senate last week confirmed President Obama’s nominees to the National Labor Relations Board (NLRB). ...more

Back in Business: The NLRB Is Once Again a Party of Five

by Foley & Lardner LLP on

On Tuesday, July 30, 2013, the Senate voted to confirm all five of President Obama’s nominees to the NLRB to avoid a major showdown over Senate procedural rules regarding approval of executive appointments....more

NLRB Has Full Complement Of Board Members

by Akerman LLP - HR Defense on

The Senate confirmed all five of the President's nominees to serve as National Labor Relations Board (the "Board") members on July 30, 2013. ...more

An NLRB at Full Strength Means Problems for Non-Union Employers

by Winstead PC on

Earlier last week, the Senate confirmed the President’s nominations to the National Labor Relations Board (“NLRB”). For the first time in over 10 years, the NLRB now has a full complement of five members. ...more

NLRB Rules That Union’s Offer To Waive Dues For Six Months To Make Up For Tiny Wage Increase Did Not Interfere With...

As of July 31, the NLRB has a full complement of Board Members, for the first time in about ten years. The fact the deal on appointments has been progressing for a few weeks did not prohibit the three member Board of...more

Senate Confirms New Five-Member NLRB: What Just Happened and What’s Next?

On the evening of July 30, the U.S. Senate confirmed all five pending nominations to the National Labor Relations Board (NLRB), giving the agency a fully operational complement of Board members for the first time in over a...more

NLRB Back At Full Strength After Senate Approves Slate Of Nominees

by Franczek Radelet P.C. on

As we reported earlier this month, Senate leaders reached a compromise to return a full complement of five members to the National Labor Relations Board after President Obama agreed to withdraw his February 2013 nominations...more

What’s Happens Now?

How will the deal reached in the Senate regarding NLRB nominations impact the recess appointment dispute in the Noel Canning case pending at the U.S. Supreme Court, and the many other cases presenting the issue pending in the...more

Supreme Court To Take Up Noel Canning

by Sherman & Howard L.L.C. on

On June 24, 2013, the Supreme Court took a major step toward resolving one of the hottest issues in labor law today - the legality of the NLRB's actions and decisions in light of certain questionable appointments to the NLRB...more

The S.G.’s Cert. Petition in Noel Canning; No Opposition Will Be Filed

by Ballard Spahr LLP on

As reported in last week’s news flash, the Solicitor General (S.G.), as expected, has, on behalf of the NLRB, filed in the Supreme Court a petition for a writ of certiorari to the D.C. Circuit in the Noel Canning case. As we...more

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