By: Michele Haydel Gehrke, Esq.
On November 8, 2013, Administrative Law Judge Bruce D. Rosenstein upheld a class action waiver in a mandatory employment arbitration agreement notwithstanding the NLRB’s controversial ruling in D.R. Horton banning such class action waivers because they purportedly chill employees’ rights to engage in concerted protected activity under Section 7…
By: Jeremy P. Sherman, Esq.
In one of the most anticipated labor relations cases in decades, the United States Supreme Court heard arguments today in Unite Here Local 355 v. Mulhall on whether pre-recognition agreements that assist union organizing efforts are illegal.
Factual Background
Martin Mulhall, an employee of Mardi Gras Gaming in Florida…
By: Howard M. Wexler, Esq.
As our loyal blog readers are most certainly aware, the National Labor Relations Board’s D.R. Horton decision has been heavily criticized by courts around the country. In fact, earlier this month the Second Circuit Court of Appeals in Sutherland v. Ernst & Young LLP [discussed here] overturned a…
By: Amanda A. Sonneborn, Esq.
The NLRB recently requested that the Fourth Circuit Court of Appeals reconsider its decision holding that the NLRB could not require employers to post a notice regarding employees’ rights under the National Labor Relations Act. The Fourth Circuit previously found that the NLRB lacked the authority to issue the…
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: Bradford L. Livingston, Esq.
As I’ve commented on before in this blog, the hurdles unions face in organizing employees are demonstrated by decades of steadily-declining private sector unionization rates. Traditional union organizing campaigns – where organizers try to convince employees to sign enough authorization cards to obtain an National Labor Relations Board (NLRB)…
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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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.…
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: Ronald J. Kramer
On June 21, 2012, in Knox et al. v. Service Employees International Union, Local 1000, the Supreme Court issued a landmark, 5-2-2 decision which held that a union that imposes a special fee or other dues increase mid-year to meet expenses that were not earlier disclosed when the regular dues rates…
