Authors: Michael D. Berkheimer and Jennifer L. Mora
On June 28, 2024, the United States Supreme Court, in Loper Bright Enterprises v. Raimondo ended four decades of deference to federal agency action under Chevron and ushered in a new era of administrative law. What Loper Bright means for National Labor Relations Board (NLRB) decisions, however
By: Michael Berkheimer, Elliot Fink, and Jennifer Mora
On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort action against a labor organization that sanctioned a
By: Kenneth R. Dolin, Esq.
The U.S. Supreme Court last month decided the Noel Canning case, unanimously holding that President Obama’s proposed recess appointments of Terrence Flynn, Sharon Block and Richard Griffin to be members of the National Labor Relations Board (Board) were unconstitutional. The Court reasoned that the brief Senate break in January
By: Anne D. Harris, Esq.
Despite heavy criticism and the Court of Appeals for the Fifth Circuit’s recent invalidation of the National Labor Relations Board’s (“NLRB”) D.R. Horton decision, the NLRB has not revised its position on class action waivers in employment arbitration agreements. Perhaps not surprisingly, the Board has not only ignored the
By: Marshall B. Babson, Esq.
In perhaps the most important constitutional case involving the NLRB since the constitutionality of the National Labor Relations Act (“NLRA” or “Act”) was decided 76 years ago in Jones & Laughlin v. NLRB, the Supreme Court this morning heard argument in NLRB v. Noel Canning. On its
By: Kristen Verrastro, Esq.
The Supreme Court of the United States today dismissed as improvidently granted its original grant of certiorari in UNITE HERE Local 355 v. Mulhall (“Mulhall”).[1] As previously discussed on this blog by both Jeremy P. Sherman, Esq. and Bradford L. Livingston, Esq., the Supreme Court’s decision
By: Ronald J. Kramer, Esq & Annette E. Kim
The kids may be waiting for Santa, and everyone is waiting for Noel Canning, but the wait is over, more or less, for indications as when the National Labor Relations Board (NLRB) and the Department of Labor (DOL) may move on proposed “ambush election”
By: Ashley K. Laken, Esq.
On November 22, 2013, a group of home-care providers for Medicaid recipients in Illinois filed their brief in Harris v. Quinn (No. 11-681) in which they urged the U.S. Supreme Court to overturn its precedent allowing union fair share fees to be imposed on public employees.
The Supreme Court
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