Of all the changes to the law the NLRB has made in the last several years, the most significant involve how the agency determines bargaining units. For example, the NLRB’s decision in Specialty Healthcare drastically altered the manner in which bargaining units were determined by the Regional Directors and the
Rulemaking
They’re Ba-ack: NLRB to Re-Propose Election Regulations
By Ronald Meisburg on
As expected, the NLRB has announced that it is again proposing regulations to amend its representation case election procedures. A copy of the Notice of Proposed Rulemaking submitted to the Federal Register for publication can be viewed here. The proposed regulations appear identical to those the Board attempted to…
One Step Backward for NLRB Election Rules
By Ronald Meisburg on
The NLRB has agreed to voluntarily dismiss its D.C. Circuit appeal in the so-called “ambush” election rules case. The voluntary dismissal of the appeal effectively renders the Board’s previously promulgated election rules a dead letter. But this may be a case of one step backward, two steps forward, for the…
NLRB Rights Poster Rule Gets Torn Down Again, This Time By Fourth Circuit
By Mark Theodore on
Of the many actions by the NLRB during the last few years, one of the most contentious has been its attempt to require all private employers falling under its jurisdiction to post a notice informing employees of their rights to unionize. The notion of posting such a notice was considered…
DC Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA
By Mark Theodore on
A federal appeals court today rebuffed the NLRB’s attempt to require all employers under its jurisdiction to post in a “conspicuous” place in the workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB’s rule has been controversial from the start as it…
U.S. Government Formally Seeks Supreme Court Review Of Recess Appointment Case
By Mark Theodore on
As noted here earlier, the government announced its intention to seek Supreme Court review of the DC Circuit decision which held that the President’s recess appointments to the NLRB were unconstitutional. The 138 page document NLRB v. Noel Canning, A Div. of Noel Corp., Cert Petition (April 24, 2013) was…
Update: NLRB Seeks U.S. Supreme Court Review Of Recess Appointments
By Mark Theodore on
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…
Ambush Election Rules Fall Into Noel Canning Abyss As Court Puts Hold On Decision
By Mark Theodore on
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…