By: Anne D. Harris, Esq.

The U.S. Court of Appeals for the Second Circuit recently affirmed a district court’s grant of a temporary injunction brought by the NLRB under Section 10(j) of the National Labor Relations Act to prevent an operator of a group of long-term elder care facilities from engaging in alleged unfair

By:  Christopher Busey, Esq.

Who imagined that the hottest topic in labor law for over six months would actually be a question of constitutional law?  Yet that remains the case after the Fourth Circuit’s recent 2-1 decision in NLRB v. Enterprise Leasing Co. Southeast, LLC, No. 12-1514, July 17, 2013.

In Noel Canning

By: Anne D. Harris, Esq.

On July 2, 2013, a divided panel of the U.S. Court of Appeals for the Sixth Circuit vacated an NLRB ruling and found that registered nurses employed by a nursing home were supervisors under the National Labor Relations Act. 

The dispute arose in 2011 when the International Association of

By Joshua M. Henderson

This afternoon, NLRB Chairman Mark Gaston Pearce issued a statement in response to the D.C. Circuit’s decision invalidating the recess appointments of three members of the Board:

“The Board respectfully disagrees with today’s decision and believes that the President’s position in the matter will ultimately be upheld. It should be noted

By Joshua M. Henderson

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 Alison Rath

National Labor Relations Board Member Terence F. Flynn (R), who was recess-appointed to the Board by President Obama in January, has been called to resign in the wake of  recent reports of ethical transgression.  The Board’s Inspector General, David P. Berry, recently issued two reports alleging that when  Mr. Flynn was chief