When Should Presidential Appointees Lawyer Up? [More with McGlinchey, Ep. 17]
What the 'new' NLRB means for the board's agenda, and the Noel Canning suit
White House, Senate Reach Compromise that Brings NLRB & CFPB Appointments Near
President Obama Appoints Three Members to NLRB, but Will They Be Confirmed?
Should Wall Street Fear Mary Jo White?
As previously reported, the new Biden Administration is wasting no time in making changes impacting the government contractor community. This now includes changing leadership at the OFCCP. As was anticipated, and is now...more
Biden Agency Review Teams Announced. President-elect Joe Biden has announced his “agency review teams” to begin evaluating agency operations in anticipation of the shift in executive power in January 2021. The labor review...more
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
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
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
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
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
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
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
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
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
The U.S. Senate has confirmed union lawyer Richard Griffin to serve as general counsel for the National Labor Relations Board (“NLRB”)....more
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
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
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
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
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
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
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
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
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
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
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
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
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