By: Kenneth R. Dolin, Esq.
The coming year is expected to present significant developments from the National Labor Relations Board. For the first time since August 2003, the Board has its full complement of five members, three Democratic appointees (Chairman Mark Gaston Pearce and Members Nancy Schiffer and Kent Hirozawa) and two Republican appointees
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By: Kenneth R. Dolin, Esq.
On January 25, the U.S. Court of Appeals for the D.C. Circuit held that the purported recess appointments of National Labor Relations Board (“Board”) members Sharon Block and Richard Griffin, as well as former member Terence Flynn, were unconstitutional because these appointments were made while the Senate was not
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By Arthur Telegen.
Well I know there has not been an election yet. But talking about a Romney Board is a little boring. Just read Brian Hayes’ dissenting opinions. That’s what the Romney Board will do, when Romney gets around to having a Republican Board, which will not happen for a long time even…
Decisions of the NLRB addressing unfair labor practice charges can be appealed to the U.S. Court of Appeals. These days, with the NLRB being so heavily tilted against employers and seemingly making unprecedented and drastic changes in the law every day, some employers may be tempted to think, “Yes, but…
By David L. Streck.
The NLRB recently filed a Rule 59(e) motion to alter or amend the United States District Court for the District of Columbia’s May 14th judgment that the NLRB’s so called “Ambush Election” rule was invalid because, at the time the NLRB voted on the rule, it was not adopted by…
Employer rules prohibiting off-duty employees from returning to the worksite are generally lawful provided they meet the three-part test established in Tri-County Medical Center, 222 NLRB 1089 (1976). Under this test, a rule prohibiting off-duty employee access to a facility is valid if it limits access solely to the…
While the NLRA governs labor relations for most private sector employers, it specifically excludes employers covered under the Railway Labor Act (“RLA”) ─ the earlier federal statute enacted to avoid interruptions to interstate commerce and transportation via rail or air. And just as the NLRB handles disputes under the NLRA, the…
As union organizing is increasingly a top priority in big labor’s agenda, they are pushing to include in collective bargaining agreements provisions that make it easier for labor to organize newly opened businesses, affiliates, joint ventures and even suppliers. The language of such contractual provisions are often drafted in such a…
Earlier today, the United States District Court for the District of Columbia ruled that the so-called “Ambush Election” rule promulgated by the National Labor Relations Board (“NLRB”) is invalid. (For reference, see our prior blog post on the “Ambush Election” rule here for additional detail on the rule.)
The Chamber of…
