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
NLRB Imposes Extraordinary, Tough Remedies for Egregious and Pervasive Violations
By Ronald Meisburg on
In a landmark decision, the National Labor Relation Board has imposed an array of extraordinary remedies against an employer for what the NLRB described as “egregious and pervasive violations” of the National Labor Relations Act. Pacific Beach Hotel, 361 NLRB No. 65 (2014).
As the basis for its imposition of…
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…
The NLRA Rights Poster Lives on Through Other Means
By Ronald Meisburg on
The NLRB’s decision not to pursue Supreme Court review in the NLRA rights poster cases (which, depending on what happened behind the scenes, may have in reality been a decision by the Solicitor General of the United States) should not have come as a complete surprise. The likelihood of review…
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…