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NLRB Issues New Order Anticipating the Loss of One or More Members as Concern...
The National Labor Relations Board has issued a new order temporarily delegating administrative authority over certain agency matters to the General Counsel (GC) and Board Chairman in the event the...
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House Passes Workforce Democracy and Fairness Act While Board Approves...
As expected, the House of Representatives on Wednesday approved the Workforce Democracy and Fairness Act (H.R. 3094) by a vote of 235-188, largely along party lines. This bill would effectively undo...
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Two-Member NLRB Majority Adopts Unprecedented Resolution to Move Forward With...
By David Kadela In an unprecedented development, and by a 2-1 vote, the National Labor Relations Board on November 30, 2011, approved a resolution to prepare a final rule adopting a subset of the...
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NLRB Issues Rule Governing Procedural Instructions in Anticipation of Losing...
The National Labor Relations Board has issued a new rule (pdf) outlining special procedures governing the filing of certain motions and appeals with the Board in the event it lacks a quorum and thus...
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DC Judge Recommends Postponement of NLRB Notice Posting Rule
During oral argument in a lawsuit challenging the National Labor Relations Board’s notice posting rule, presiding judge Amy Berman Jackson of the U.S. District Court for the D.C. Circuit suggested that...
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Senator Threatens to Defeat NLRB's Election Rule
The same day the National Labor Relations Board (NLRB) released its final rule that radically alters union representation election procedures, Senator Mike Enzi (R-WY), Ranking Member on the Senate...
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NLRB Revises Representation Case Handling Procedures for Two-Member Board
Anticipating the loss of a quorum next week, the National Labor Relations Board has issued a final rule (pdf) revising its representation case certification process. Specifically, the Board is amending...
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NLRB Recess Appointment Decision Receives First Legal Challenge
The President’s move to seat three new members to the National Labor Relations Board via recess appointment has its first official court challenge. On January 13, 2012, the National Right to Work...
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NLRB Chairman Says He Will Push For Additional Election Rule Changes
In keeping with information published as part of the National Labor Relations Board’s unified agenda for the coming year, Board Chairman Mark Gaston Pearce told the Associated Press that he intends to...
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House and Senate Introduce Resolutions Condemning NLRB Election Rule
On February 16, 2012, Republican members of both the House and Senate introduced resolutions (H.J. Res. 103; S.J. Res. 36) formally disapproving of the National Labor Relations Board’s recent final...
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NLRB Begins Plans for Enforcing New Election Regulations
By John Cerilli Controversial National Labor Relations Board regulations that will dramatically change union representation election procedures are slated to take effect on April 30, 2012. In...
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South Carolina Federal Court Finds NLRB Posting Rule Unlawful
A South Carolina federal court has ruled that the National Labor Relations Board lacked the authority to promulgate its notice-posting rule, which is scheduled to take effect on April 30, 2012. This...
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Senate Defeats Resolution to Block NLRB Election Rule
A measure designed to prevent the National Labor Relations Board’s new election rule from taking effect next Monday was defeated in the Senate. On Tuesday the Senate voted 45-54 in favor of a motion to...
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D.C. Federal Court Finds NLRB Election Rule Invalid for Lack of a Quorum
In a long-awaited ruling, the U.S. District Court for the District of Columbia has found the National Labor Relations Board’s expedited representation election rule invalid because the Board lacked a...
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NMB Issues Proposed Rule Revising Representation Dispute Procedures
The National Mediation Board (NMB) has issued a proposed rule that would implement the changes to existing representation dispute and election procedures in the railway and airline industries made by...
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NLRB Suspends Implementation of New Representation Election Rule
In light of yesterday’s federal court decision finding that the NLRB lacked a quorum necessary to issue the controversial new representation election rule, the Board has decided to suspend the rule’s...
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NMB Issues Final Rule Implementing Representation Procedure Changes
The National Mediation Board (NMB) has issued its final rule (pdf) implementing the changes to NMB procedures regarding run-off elections, “showing of interest” thresholds for representation elections,...
View ArticleD.C. Circuit Invalidates NLRB's Posting Rule
By Maury Baskin and Gregory Brown The U.S Court of Appeals for the D.C. Circuit recently struck down the National Labor Relations Board’s August 2011 Notice Posting Rule, which would have required...
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U.S. Supreme Court Will Review D.C. Circuit's Noel Canning Decision...
By Tracy Stott Pyles As anticipated, the U.S. Supreme Court announced that it will review the U.S Court of Appeals for the D.C. Circuit’s decision invalidating the president’s recess appointments to...
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Another Court Holds that the NLRB Lacked Authority to Require Employers to...
By Jerry Walters and Ryan Crosswell On June 14, 2013, the Fourth Circuit Court of Appeals joined the D.C. Circuit Court of Appeals in invalidating the NLRB’s rule requiring private sector employers to...
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