News & Analysis as of

Canning v NLRB The National Labor Relations Act

Proskauer - Labor Relations

Labor Day Wouldn’t Be Labor Day Without New NLRB Decisions

The onset of Labor Day and the end of the NLRB fiscal year (September 30) one can count on seeing a number of decisions issued.  This year is no different, and perhaps more are being issued during these last few days because...more

Franczek P.C.

Contract Expired So You Want To Stop Deducting Dues From Employee Paychecks? Think Again!

by Franczek P.C. on

On August 27, 2015, the National Labor Relations Board overturned 53 years of precedent under Bethlehem Steel, and found that going forward an employer could no longer unilaterally stop deducting union dues from employee...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

“Common Sense” Shows The Value of a Well-Written Dissent: Southern New England Telephone Company v. NLRB

It must be frustrating to be in the minority of an administrative adjudicatory body and to constantly be forced to write dissenting opinions, as was the case for former National Labor Relations Board (NLRB) member Brian E....more

Hodgson Russ LLP

NLRB Overturns 37-Year Precedent Regarding Duty to Provide Witness Statements to Unions

by Hodgson Russ LLP on

On June 26, 2015, the National Labor Relations Board (NLRB) reversed its 37-year precedent, ruling in American Baptist Homes of the West, d/b/a Piedmont Gardens, that employers must disclose to unions confidential witness...more

Franczek P.C.

NLRB Overrules Precedent; Allows Unions Easy Access to Employee Witness Statements

by Franczek P.C. on

For nearly 40 years, the National Labor Relations Board has followed a bright-line rule pursuant to which an employer is privileged to withhold witness statements from unions. In its 1978 Anheuser-Busch Inc. decision, the...more

Seyfarth Shaw LLP

NLRB Affirms Its Previous Decision Requiring Employer to Continue Providing Annual Wage Increases Beyond Contract Expiration

by Seyfarth Shaw LLP on

We previously blogged about the NLRB’s relatively shocking September 2012 decision in Finley Hospital (359 NLRB No. 9), in which the Board held that an employer was required to continue providing wage increases after the...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

by McNees Wallace & Nurick LLC on

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more

Franczek P.C.

NLRB Continues Its Busy Summer with Important New Decisions on Weingarten Rights, Noel Canning Issues

by Franczek P.C. on

The National Labor Relations Board continued its busy summer over the past two weeks. First, the Board issued a decision reaffirming the importance it places on an employee’s Weingarten rights, even if they impede an...more

Ballard Spahr LLP

NLRB Ratifies Administrative Actions Taken during Invalid Recess Appointment Period

by Ballard Spahr LLP on

On the heels of the U.S. Supreme Court’s June ruling in N.L.R.B. v. Noel Canning, et al., which invalidated President Obama’s 2012 recess appointments to the National Labor Relations Board (NLRB), the NLRB recently ratified a...more

Hirschfeld Kraemer LLP

NLRB Ratifies Pre-Noel Canning Actions

by Hirschfeld Kraemer LLP on

Although many suspected that the Supreme Court would invalidate all actions taken by the National Labor Relations Board in Noel Canning v. NLRB, the question remained just how many of the NLRB’s actions would stand. To this...more

Foley & Lardner LLP

NLRB Fallout From President’s Unconstitutional Recess Appointments Continues

by Foley & Lardner LLP on

As we noted when the decision was released, the Supreme Court ruled unanimously that the President’s 2012 recess appointments to the National Labor Relations Board were unconstitutional. Two weeks later, the developments from...more

Polsinelli

How Employers Fared With the Supremes This Term and What the Future May Hold

by Polsinelli on

During its recently concluded 2013 term, the U.S. Supreme Court issued decisions in two labor and employment cases, three constitutional or quasi-constitutional cases that impact labor and employment concerns, and one tax...more

Benesch

Supreme Court Issues Decisions that Change Employment Law Landscape

by Benesch on

The U.S. Supreme Court wrapped up its 2013 session by handing down three decisions that may significantly affect recent controversial rulings by the National Labor Relations Board, Affordable Care Act mandates on employer...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2014

Recess Is Over: Supreme Court Strikes NLRB Appointments - Why it matters: Striking a blow to the President and the National Labor Relations Board, the U.S. Supreme Court held that three recess appointments made by...more

JD Supra Perspectives

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

by JD Supra Perspectives on

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

Sherman & Howard L.L.C.

The Supreme Court Unanimously Strikes Down NLRB Recess Appointments

by Sherman & Howard L.L.C. on

The Supreme Court yesterday issued the long-anticipated decision in NLRB v. Noel Canning, unanimously affirming the D.C. Court of Appeals’ decision declaring President Obama’s recess appointment of NLRB Members Griffin,...more

Proskauer - Labor Relations

Supreme Court Invalidates Recess Appointments To NLRB: Several Labor Board Decisions Now In Doubt

by Proskauer - Labor Relations on

In a rare 9-0 decision issued today, the United States Supreme Court invalidated the recess appointments President Obama made to the NLRB on January 4, 2012, while the Senate was in a three day recess. The decision in...more

Stoel Rives LLP

Supreme Court's Noel Canning Decision Invalidates Numerous NLRB Decisions

by Stoel Rives LLP on

The U.S. Supreme Court has invalidated President Obama's 2012 "recess" appointments of several members of the National Labor Relations Board ("NLRB" or "Board"), which occurred while the Senate was in a three day recess. As a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Holds NLRB Member Recess Appointments Unconstitutional

This morning, in National Labor Relations Board v. Noel Canning, the Supreme Court of the United States concluded that the recess appointments of former National Labor Relations Board (NLRB) members Sharon Block, Terence F....more

Mintz - Employment, Labor & Benefits...

Supreme Court Finally Decides Noel Canning and Says President Obama’s Recess Appointments to the NLRB are a No Go.

Today, the Supreme Court issued its long-anticipated decision in NLRB v. Noel Canning, unanimously affirming an appellate court decision striking down three of President Obama’s recess appointments to the National Labor...more

McNees Wallace & Nurick LLC

U.S. Supreme Court Issues Long-Awaited Decision in NLRB v. Noel Canning; President Obama's Recess Appointments to NLRB Deemed...

by McNees Wallace & Nurick LLC on

On June 26, 2014, the United States Supreme Court unanimously found that President Obama acted unconstitutionally when he made several recess appointments to the National Labor Relations Board ("NLRB") in 2012. The Court, in...more

Morgan Lewis

U.S. Supreme Court Issues Historic Noel Canning Decision

by Morgan Lewis on

The unanimous decision on presidential recess appointment powers strikes down three National Labor Relations Board recess appointments and effectively invalidates hundreds of Board decisions issued between January 2012 and...more

Fisher Phillips

Supreme Court Strikes Down NLRB Recess Appointments

by Fisher Phillips on

Dealing the agency its second major setback on the legitimacy of its quorum, the Supreme Court has invalidated a trio of recess appointments made to the NLRB back in January of 2012. Moments ago, the Court handed down its...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2013 Year in Review - An Overview of the Board’s Significant Actions

by McNees Wallace & Nurick LLC on

Introduction - From the looks of it, 2013 was a very rough year for the National Labor Relations Board (Board)! Last year, we reported that the Board would face some serious legal battles in 2013. Some of those...more

Stoel Rives LLP

Stoel Rives World of Employment's Top Predictions for 2014

by Stoel Rives LLP on

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

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