Tag: NLRB

UPDATE: DC Court of Appeals Delays Implementation of NLRB Posting Requirement

The NLRB’s new posting rule, which would apply to virtually all private sector employers, was scheduled to go in effect on April 30, 2012.  Yesterday, we blogged about a South Carolina federal trial court decision striking down the posting rule.  More good news for employers arrived today, as the United States Court of Appeals for … Continue Reading

South Carolina Federal Court Holds NLRB’s Notice Posting is Unlawful

As previously blogged here, a federal court located in the District of Columbia upheld the National Labor Relations Board’s (“NLRB”) rule requiring nearly all private sector employers, whether unionized or not, to post a notice to their employees about certain employee rights under the National Labor Relations Act.  While upholding the rule, that federal court … Continue Reading

NLRB Posting Requirements – Update

Update: A federal trial court in the District of Columbia has upheld the notice posting requirement in the National Labor Relations Board’s (“NLRB”) recently issued final rule requiring nearly all private sector employers, whether unionized or not, to post a notice to their employees about certain employee rights under the National Labor Relations Act. To … Continue Reading

NLRB Finds Employee Arbitration Agreement Waiving Class Claims Violates Federal Labor Law

In DR Horton, a decision issued on January 3 and applicable to most private sector employers, whether unionized or not, the National Labor Relations Board (NLRB) held that federal labor law prevents employers from requiring their employees, as a condition of employment, to agree to broad waivers that would deny their right to pursue employment-related class … Continue Reading

NLRB’s New “Vote Now, Litigate Later” Union Election Rules To Become Effective April 2012

 The NLRB gave organized labor a meaningful gift just before the holidays by issuing a final rule adopting new election case procedures that will likely result in more and faster union elections, and probably also result in more employers having unionized workforces.  The new rule becomes effective on April 30, 2012. The New Year:  Out With The Old … Continue Reading

Update – New Rule Requires Employers to Post Notice of Employee NLRA Rights

In order to allow more time for legal challenges to its notice-posting rule to be resolved, the National Labor Relations Board has again postponed the rule’s effective date, this time to April 30, 2012.  Stay tuned. For additional information regarding the NLRB’s new rule and posting requirement, including links to the new rule and the … Continue Reading

New Rule Requires Employers to Post Notice of Employee NLRA Rights

Your bulletin board full of required workplace postings just got more crowded. The National Labor Relations Board (“NLRB”) has issued a final rule that will require nearly all private sector employers, whether unionized or not, to post a notice to their employees about certain employee rights under the National Labor Relations Act (“NLRA”). The notice must be … Continue Reading

Supreme Court Invalidates Nearly 600 Decisions Made by Two-Member NLRB

This morning the United States Supreme Court issued a highly-anticipated decision in New Process Steel v. National Labor Relations Board, ruling 5-4 to effectively invalidate almost 600 decisions made by the NLRB during the time it only had two members.  Normally, the NLRB is comprised of five members, but typically delegates its powers to decide most cases … Continue Reading

President Obama Uses Recess Appointments to Fill NLRB, EEOC Seats

This week President Obama announced that he would make recess appointments to fill vacancies on the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC).  The move allows the White House to bypass the Senate confirmation process, which promised to be extremely contentious.  The appointments will add two Democratic members to the … Continue Reading

Supreme Court to Rule on Authority of Two-Member NLRB

This week the U.S. Supreme Court agreed to hear an appeal in New Process Steel v. NLRB and determine whether the National Labor Relations Board (NLRB or "the Board") has the authority to decide cases with only two sitting members.  The NLRB is the independent federal agency that administers the National Labor Relations Act, the … Continue Reading

Proposed Legislation Would Allow Employers to Fire Union Salts

The Truth in Employment Act of 2009 (TEA) would allow employers to lawfully fire employees who are suspected of “salting,” or attempting to organize the contractor’s workforce from within on behalf of a labor union.  The bill was introduced in the Senate by Sen. Jim DeMint (R-S.C.) and in the House by Rep. Steve King (R-Iowa).  TEA would amend … Continue Reading

Major Budget Increases for Federal Labor and Employment Enforcment Agencies

The Obama Administration has released its fiscal year 2010 budget request.  Among the items are several increases for the federal agencies that oversee labor and employment matters.  Here are some highlights: $104.5 billion to the Department of Labor, an increase of 10 percent, to increase its staff and enforcement activity.  $283 million for the National Labor Relations … Continue Reading

President Obama Announces NLRB Nominations

Last Friday, President Obama announced his intention to nominate Craig Becker and Mark Pearce as Members to the National Labor Relations Board (NLRB), the government agency that administers the National Labor Relations Act, the primary law governing relations between unions and employers in the private sector.  Click Here to read the White House Press release.  … Continue Reading

President Obama Nominates Wilma Liebman to Chair NLRB

Late last month, President Obama appointed Wilma B. Liebman to chair the National Labor Relations Board (NLRB), the agency that enforces federal labor law.  Click here to read the NLRB’s press release on the appointment.  Chairman Liebman has served on the Board since November 14, 1997.  First appointed by President Clinton, she is now serving her … Continue Reading

Supreme Court Rejects Appeal on Aliens’ Right to Vote in Union Elections

Earlier this month, the United States Supreme Court declined to review a ruling from the Court of Appeals for the District of Columbia Circuit holding that unauthorized aliens are "employees" under the National Labor Relations Act (NLRA) and therefore entitled to cast votes in a union election.  In Agri Processor Co. v. NLRB, the employees elected … Continue Reading

NLRB 2008 Report Shows Efficient, Aggressive Enforcement of Labor Law

Ronald Meisburg, General Counsel for the National Labor Relations Board (NLRB) issued his annual Summary of Operations memo on October 29, 2008.  (The NLRB is the federal agency that enforces our country’s labor laws and conducts union elections.)  Mr. Meisburg’s memo is full of interesting news and developments on all facets of the NLRB’s operations.  To read the complete memo, … Continue Reading

Starbucks Settles NLRB Charge With Wobbly Organizer

The New York Times is reporting that Starbucks has settled with the National Labor Relations Board an unfair labor practice claim filed by a former employee who alleged he was terminated for attempting to organize his coworkers to join the Industrial Workers of the World, aka "the Wobblies."  Under the terms of the settlement, Starbucks … Continue Reading

“Permanent” Strike Replacements Can Be Employed At Will

Earlier this week, the Seventh Circuit Court of Appeals ruled  that an employer does not violate the National Labor Relations Act by refusing to reinstate economic strikers because it had hired permanent replacements, even though those "permanent" workers are at-will employees.   The decision in United Steelworkers v. NLRB upheld an earlier National Labor Relations Board ruling, also … Continue Reading

Ninth Circuit Overturns NLRB in Dues Checkoff Case

Earlier this week, the Ninth Circuit Court of Appeals overturned for the second time a decision by the National Labor Relations Board, and held that two Las Vegas casinos violated the National Labor Relations Act by unilaterally terminating dues checkoff without first bargaining with the union over that decision.   Local Joint Executive Bd v. NLRB (9th … Continue Reading

NLRB Issues New Guidelines on Employee Political Activity

You have an employee who is using the breakroom as his bully pulpit, discussing his political views with his coworkers.  Some coworkers complain to you that they don’t want to hear it, so you call the employee in to your office and tell him to keep his views and opinions to himself.  A no-brainer, right?  … Continue Reading
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