On March 26, 2014, Peter Sung Ohr, the Chicago Regional Director of the National Labor Relations Board (“NLRB”) ruled that members of the Northwestern University football team receiving athletic scholarships are employees, and not students, under the National Labor Relations Act, allowing them the opportunity to unionize through an NLRB
Last month, the Supreme Court heard oral argument in UNITE HERE Local 355 v. Mulhall, a case claiming that a neutrality agreement violated § 302 of the Labor-Management Relations Act, 29 U.S.C. § 186, the anti-union bribery statute which makes it a crime for an employer to give
The United States Senate has confirmed Richard Griffin to be General Counsel of the National Labor Relations Board, giving the Board its first confirmed General Counsel in over three years, probably the longest time that the Board has gone without a confirmed General Counsel in its seventy-eight year history.
NLRB
On the same day that furloughed federal government employees are returning to work, it is being reported that a roll call vote will be scheduled in the Senate to invoke cloture (i.e., end debate) on the nomination of Richard Griffin to be General Counsel of the NLRB. The vote is
The NLRB has filed its opening Supreme Court brief in the Noel Canning case, in which the validity of the President’s January, 2012 recess appointments of former, putative NLRB members Richard Griffin and Sharon Block are at issue. Included as an appendix to the brief is an exhaustive list of
A few weeks ago we blogged about consolidated cases pending in the U.S. Court of Appeals for the District of Columbia Circuit, in which the petitioners were seeking writs of mandamus or prohibition, to stop the NLRB from issuing further decisions unless and until it had a properly appointed quorum.
In the first judicial challenge to the NLRB’s Specialty Healthcare decision, the U.S. Court of Appeals for the Sixth Circuit has upheld the Board.
In Specialty Healthcare the Board held that it will find a petitioned for unit appropriate where the unit is made up of (i) an identifiable group
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.