What the 'new' NLRB means for the board's agenda, and the Noel Canning suit
President Obama Appoints Three Members to NLRB, but Will They Be Confirmed?
As Expected, Noel Canning v. NLRB Headed to the Supreme Court
What Next for the NLRB?
The U.S. Supreme Court has held that Lafe Solomon did not validly serve as Acting General Counsel for the National Labor Relations Board (NLRB) after former President Barack Obama nominated him to permanently fill that...more
On March 21, 2017, the U.S. Supreme Court affirmed the D.C. Circuit’s holding that Lafe Solomon, who was appointed by former President Barack Obama to serve as acting general counsel to the NLRB in June 2010 when the prior...more
How important are the titles “temporary” or “permanent” when it comes to an appointee to run a federal agency? Apparently, very important. On March 21, the U.S. Supreme Court waded back into the messy timeline of President...more
On March 21, 2017, the Supreme Court upheld an August 2015 opinion by the D.C. Circuit under the Federal Vacancies Reform Act holding that former acting National Labor Relations Board General Counsel Lafe Solomon improperly...more
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
On August 27, 2015, the National Labor Relations Board, in Lincoln Lutheran of Racine, 362 NLRB No. 188, overturned 53 years of precedent, holding that, like most other terms and conditions of employment, an employer’s...more
For much of the Obama Administration, the National Labor Relations Board (Board) has been operating as, at least from the perspective of some, a rogue agency (and not just because of its willingness to overturn precedent to...more
The political gridlock in Washington DC caused several years of tumult at the NLRB, spawning two Supreme Court decisions (Noel Canning and New Process Steel) and several courts of appeals decisions regarding the Board’s...more
What are the labor implications of Supreme Court’s decision in King v. Burwell? - On June 25, the U.S. Supreme Court upheld the Affordable Care Act (also known as “Obamacare”) in a 6-3 decision written by Chief...more
In its Noel Canning decision earlier this year, the U.S. Supreme Court vacated numerous decisions made by the National Labor Relations Board based on lack of a required quorum. The Court decided that President Obama’s recess...more
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
On Thursday, June 26, 2014, the Supreme Court issued its long-awaited Noel Canning decision (NLRB v. Noel Canning, 572 U.S. ____ (2014)), and invalidated President Obama’s January 2012 appointments of three individuals to the...more
Following up on his earlier statement about the impact of the Supreme Court’s decision in NLRB v. Noel Canning on Richard Cordray’s actions taken prior to his July 16, 2013 confirmation by the Senate as CFPB Director,...more
California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims - Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in...more
On June 26, 2014, the United States Supreme Court finally issued its long-awaited ruling in Noel Canning. As previously reported in The Fast Laner here and here, several courts had ruled that the decisions of the National...more
In NLRB v. Noel Canning, the Supreme Court held that President Obama’s appointments of three National Labor Relations Board members in January 2012 during a three day intra-session Senate recess were unconstitutional because...more
Since the Supreme Court affirmed a decision by the D.C. Circuit Court of Appeals on June 26, 2014, invalidating President Obama's appointment in January 2012 of three members to the National Labor Relations Board, the NLRB...more
That may be what the NLRB and others are thinking right now. Remember all those rather aggressive decisions made by the NLRB about a couple of years ago? It is as if they never happened....more
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
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
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
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
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
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
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