Category Archives: Labor

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Federal court strikes down NLRB’s new election rules

In a decision issued a few minutes ago, the United States District Court for the District of Columbia struck down the NLRB’s new election rules because the Board lacked a quorum when it attempted to adopt the final rule. On December 16, 2011, Chairman Pearce and then-Member Becker voted to approve the final version of the … Continue Reading

NLRB moving toward offsite union elections?

The majority of NLRB elections are conducted on the employer’s premises. This practice has historically applied to both the initial election and any subsequent rerun elections.  However, in a recent decision, 2 Sisters Food Group, Inc., the NLRB suggested that it may be appropriate to conduct rerun elections offsite in certain circumstances. Today, the NLRB’s … Continue Reading

South Carolina Court strikes down NLRB notice-posting rule

We’ve been following the NLRB’s notice-posting rule, which would require nearly all private-sector employers to post a Notice of Employee Rights as of April 30, 2012. As we reported, on March 2 the United States District Court for the District of Columbia upheld the Board’ authority to require the posting of the notice, while striking … Continue Reading

Court upholds NLRB’s notice-posting rule but strikes down punitive provisions

We’ve been following the legal challenges to the NLRB’s notice-posting rule, which would require virtually all private-sector employers to post a notice informing employees of their right to join a union, among other rights under the National Labor Relations Act. Today, the United States District Court for the District of Columbia issued its decision in … Continue Reading

Congress seeks to block NLRB’s election rule changes

We’ve been following the NLRB’s controversial changes to union election case procedures. The proposed rules—which strip employers’ of their rights to litigate many issues in a hearing, limit parties’ appellate rights, and have the potential to dramatically decrease the time between the filing of a union election petition and the election—are currently set to take … Continue Reading

NLRB adopts controversial amendments to union election case procedures

We’ve been following the NLRB’s proposed amendments to the rules and regulations governing union election cases over the past few weeks. Today, the Board voted 2–1 to adopt the Chairman’s proposed amendments, which significantly limit employer’s rights before the Board. Before, employers had the absolute right to insist on a pre-election hearing to litigate the … Continue Reading

President announces two new NLRB nominations

Yesterday, the President announced the nominations of two individuals to serve as Members  of the National Labor Relations Board. It remains to be seen whether the Senate will confirm these nominations, or the nomination of Terence Flynn to fill the other Republican seat. Absent confirmation or a recess appointment of one or more nominees, the … Continue Reading

NLRB adopts controversial resolution limiting parties’ rights in union election cases

Today, the NLRB voted 2–1 to adopt a resolution put forth by Chairman Pearce that will result in significant changes to the Board’s representation case procedures—changes that most view as decidedly pro-union. Under the Board’s current rules, an employer has the unqualified right to insist on a pre-election hearing, at which it can introduce testimony and evidence, and file a post-hearing … Continue Reading

NLRB Judge rules that employee’s comments on Facebook were not protected

We’ve been following the NLRB’s increased focus on social media since the Board issued its first complaint involving Facebook postings nearly a year ago. Recently, we blogged about the first decision from an NLRB Administrative Law Judge involving comments posted on Facebook. In that case, the ALJ found that the comments were protected under the Act … Continue Reading

NLRB Issues Decisions Delaying Employee Free Choice

  This week (and just prior to the expiration of Chairman Liebman’s term), the NLRB released two significant decisions, each of which undo procedural safeguards put in place by prior Board decisions to ensure employee free choice. First, in Lamons Gasket Co., 357 NLRB No. 72, the Board reversed its 2007 decision in Dana Corp. Under Dana Corp., employers who voluntarily recognized … Continue Reading

NLRB Guidance on Social Media Activities

We have been following actions taken by the National Labor Relations Board (“NLRB”) in the emerging world of social media (Social Media Posts and Concerted Activity). In an effort to offer guidance to employers about developments arising in the context of social media, the NLRB’s Acting General Counsel issued a report discussing the Board’s positions … Continue Reading

Department of Labor Enters the Digital Age with Apps

Mobile apps burst onto the scene a few years ago, never to go back. Some apps have become quite well know for their entertainment value (think Angry Birds). Other apps are developed for productivity and business. If you can think of it, there probably is an app for it (or one is coming soon). Over … Continue Reading

We’ve been covering the NLRB’s dispute with four states over recently-enacted constitutional amendments guaranteeing the right to a secret ballot in union elections. On Friday, May 6, the NLRB filed a lawsuit against the state of Arizona seeking to invalidate the state’s constitution amendment entitled “Right to secret ballot; employee representation.” As we’ve previously reported, … Continue Reading

NLRB preparing to sue Arizona and South Dakota seeking to invalidate secret ballot amendments

We’ve been covering the NLRB’s attempts to challenge constitutional amendments guaranteeing the right to a secret ballot in union elections passed by voters in Arizona, South Carolina, South Dakota, and Utah. In February, NLRB Acting General Counsel Lafe Solomon stated that he and his staff would engage in discussions with the Attorneys General for the … Continue Reading

NLRB proposes rule to require posting of employee rights under the National Labor Relations Act

On December 21, 2010, the NLRB announced that it has submitted a Notice of Proposed Rulemaking to the Federal Register. The proposed rule would require all employers covered by the National Labor Relations Act — which is almost all private sector employers in the United States — to post a notice informing employees of their … Continue Reading
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