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Labor Relations Update

Category Archives: Recess appointments

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DC Circuit: NLRB Acting General Counsel Solomon’s Tenure Violated Vacancy Statute, Unfair Labor Practice Complaint Unauthorized

Posted in NLRA, NLRB, Recess appointments, Uncategorized

The political gridlock in Washington DC caused several years of tumult at the NLRB, spawning two Supreme Court decisions (Noel Canning and New Process Steel) and several courts of appeals decisions regarding the Board’s ability to act without regular appointments, and resulted in scores of decisions having to be reconsidered by a newly constituted Board.  Most… Continue Reading

Supreme Court Invalidates Recess Appointments To NLRB: Several Labor Board Decisions Now In Doubt

Posted in Collective Bargaining, NLRA, NLRB, Recess appointments, Unfair Labor Practices, Workplace Investigations

In a rare 9-0 decision issued today, the United States Supreme Court invalidated the recess appointments President Obama made to the NLRB on January 4, 2012, while the Senate was in a three day recess.  The decision in National Labor Relations Board v. Noel Canning (USSC June 26, 2014) means that the NLRB was operating without the requisite… Continue Reading

Noel Canning Oral Argument: Justices Express Skepticism

Posted in NLRA, Recess appointments

My experience is that oral arguments, while often interesting, rarely open much of a window into exactly how a court will actually decide the case.  Today’s Supreme Court argument in NLRB v. Noel Canning may be an exception.  Nearly all of the Justices had questions which suggested skepticism over the validity of the President’s January 4,… Continue Reading

NLRB Rules That Union’s Offer To Waive Dues For Six Months To Make Up For Tiny Wage Increase Did Not Interfere With Decertification Election

Posted in Collective Bargaining, Employer policies, Handbook, NLRA, NLRB, Objectionable Conduct, Recess appointments, Representation Elections, Uncategorized

As of July 31, the NLRB has a full complement of Board Members, for the first time in about ten years.  The fact the deal on appointments has been progressing for a few weeks did not prohibit the three member Board of questionable constitutional validity from continuing to render decisions. The NLRB recently ruled that… Continue Reading

What Happens Now?

Posted in NLRB, Recess appointments

How will the deal reached in the Senate regarding NLRB nominations impact the recess appointment dispute in the Noel Canning case pending at the U.S. Supreme Court, and the many other cases presenting the issue pending in the federal courts of appeals and at various stages before the Board?  Below are some common questions and answers. Q.  When will the new Board… Continue Reading

Update: NLRB Seeks U.S. Supreme Court Review Of Recess Appointments

Posted in Duty to furnish information, NLRA, NLRB, Recess appointments, Rulemaking, Witness statements

The NLRB announced today that the agency would seek U.S. Supreme Court review of the D.C. Circuit decision in Noel Canning, which ruled that the President’s recess appointments made last year (and perhaps in the years prior) were unconstitutional.  The decision of the appeals court has cast a great deal of uncertainty over past and current… Continue Reading

Ambush Election Rules Fall Into Noel Canning Abyss As Court Puts Hold On Decision

Posted in NLRA, NLRB, Recess appointments, Representation Elections, Rulemaking

The fallout from Noel Canning has been felt far and wide.  The DC Circuit Court’s January 25, 2013 decision certainly put all NLRB decisions made since January 4, 2012 (the date Members Block and Griffin received their recess appointments) in jeopardy.  All cases on appeal to the DC Circuit involving panels which included Block and Griffin have… Continue Reading

Court Rules Recess Appointments To NLRB Unconstitutional, More Uncertainty To Follow

Posted in NLRB, Recess appointments, Uncategorized

As we noted last month, the federal court of appeals in DC heard the first case on the constitutionality of the recess appointments to the NLRB.  Today, a three judge panel ruled unanimously that the appointments of Members Griffin, Block and Flynn were unconstitutional, meaning this court decided the NLRB has lacked a quorum since at… Continue Reading

Oral Arguments Heard Over Validity Of Recess Appoints Of NLRB Members

Posted in NLRB, Recess appointments

In a standing-room only courtroom in Washington, D.C., the U.S. Court of Appeals for the D.C. Circuit became the second appeals court in the last week to hear oral arguments on the validity and constitutionality of the President’s January 4, 2012 appointment of three members to the NLRB during an extended Senate adjournment.  The case… Continue Reading