By: Bryan Bienias, Esq.
After seven long years of litigation, the D.C. Circuit last Tuesday unanimously held that auto part manufacturer Tenneco Automotive Inc. (“Tenneco”) lawfully ceased to recognize Local 660 of the United Auto Workers union (“Local 660” or “Union”) after the Union’s sixty-one years as the bargaining representative of employees at one…
Recent developments surrounding the National Labor Relations Board have cast a pall over this federal agency. On Tuesday, President Obama announced three nominations to the NLRB in an attempt to rectify the situation. The President renominated current Chairman Mark Gaston Pearce and nominated two management-side attorneys, Philip A. Miscimarra and Harry I.…
By: David L. Streck
Jeanette Geary filed an unfair labor practice charge alleging that a local nursing union illegally forced her and others to pay for union lobbying or lose their jobs. Although the NLRB held that the union could require such payments, it had requested further briefs before issuing a final appealable order.
On…
Today, the Court of Appeals for the D.C. Circuit invalidated three of President Obama’s recent appointments to the NLRB on constitutional grounds. In Noel Canning v. NLRB, a unanimous court held that the appointments of Sharon Block, Terence Flynn, and Richard Griffin to the Board on January 4, 2012 were…
By: David L. Streck
On November 27, 2012, in Erie Brush and Mfg. Corp. v. NLRB, the D.C. Circuit Court of Appeals vacated an NLRB decision and order finding that an employer violated the National Labor Relations Act by refusing to bargain, and held that “the evidence overwhelmingly points to the existence of impasse….”…
On November 6, 2012, the D.C. Circuit summarily enforced a September 2011 NLRB Order finding that Daycon Products had violated the NLRA by prematurely declaring an impasse in negotiations with employees represented by the Drivers, Chauffeurs and Helpers Local Union 639, and then failing to reinstate those employees who participated…
Last Friday, the D.C. Circuit held that the NLRB properly certified the NUHHCE District 1199 NM as the representative of a “wall-to-wall” bargaining unit that included professional and nonprofessional employees of a New Mexico hospital, and found that the Hospital violated Sections 8(a)(1) and (5) of the NLRA when it…
