This month the NLRB adopted the Administrative Law Judges’ decision in Amalgamated Transit Union, Local Union No. 1433, AFL-CIO in which the Judge found no violations when, on the Union’s Facebook page, a variety of different comments regarding the crossing of a picket line during a labor dispute were posted by union members. In particular,
NLRB
NLRB Backs Down From Notice Posting Rule
By Terry Potter on
Posted in NLRB
The NLRB officially announced, earlier this month, that it was not going to seek Supreme Court review of two U.S. Court of Appeals’ decisions invalidating the NLRB’s Notice Posting Rule, which would require most private sector employers to post a notice of employee rights in the workplace. The Board’s Office of Public Affairs issued a…
D.R. Horton Overruled, But NLRB Presses on With Plan on Modifying Election Rules
By Terry Potter on
Posted in NLRB
While the Fifth Circuit has now overruled the NLRB’s D.R. Horton decision, the Board has not lost its focus in terms of modifying election rules for processing representation petitions. The NLRB issued its semi-annual regular agenda and the sole item on the list was changes to the election rules. The proposed rules had been…
Post-Mulhall – Are Old Ways Still Good Ways?
By Terry Potter on
The Supreme Court this week heard oral arguments regarding the Mulhall case which was not your run-of-the-mill issue in the area of labor disputes. In fact, the focus was just the opposite of a dispute: agreements whereby unions and employers agreed to terms under which a union would be able to organize an employer’s employees. …
Senate Confirms Griffin as New NLRB General Counsel
By Kevin Koronka on
Posted in NLRB
A divided U.S. Senate confirmed President Obama’s nomination of Richard Griffin, Jr., to serve as the NLRB’s General Counsel, positioning the former union lawyer with the power to decide when to investigate and prosecute companies charged with unfair labor practices.
The Senate approved Griffin mainly along party lines by a vote of 55-44, highlighting the…
Sixth Circuit Reins in NLRB’s Ability to Sanction Company for Using the Legal Process
By Terry Potter on
Posted in NLRB
Over the years the NLRB has, in essence, put a “choke-hold” on employers’ efforts to bring claims against labor organizations in the courts, especially if the grounds for the litigation are novel in nature. The Supreme Court restricted the NLRB’s efforts in this area in 2002 with its decision of BE&K Construction Company v. NLRB…
Procedures Resulting from the Shutdown of the NLRB
By Terry Potter on
Posted in Government Shutdown, NLRB
Like most other federal agencies, the NLRB has been shut down to the lapse of appropriated funding. This obviously has affected a number of parties who were engaged in proceedings before the NLRB at the time of the shutdown. Given that this is not the first time that this event has occurred, the NLRB has…
Controversial NLRB GC Nominee Passes First Hurdle
By Kevin Koronka & Joel Bagby on
Posted in NLRB
Members of the Senate Committee on Health, Education, Labor and Pensions (“HELP”) approved the nomination of Richard Griffin, Jr. to serve as General Counsel of the NLRB by a 13-9 vote. Griffin’s nomination will now proceed before the full senate for what is expected to be a contentious vote.
Griffin was in the headlines last…
NLRB Protects Employer’s Financial Information . . . For Now
By Terry Potter on
Posted in NLRB
In Coupled Products, LLC, 359 NLRB No. 152, July 10, 2013, the Board reaffirmed long established case law where an employer need not disclose its financial books and records to a union when negotiating over terms and conditions of employment where the employer simply states it is unwilling to pay the economic demands of…
Another Nail in the Coffin for the NLRB’s D.R. Horton Case
By Terry Potter on
Posted in NLRB
The Supreme Court in the American Express Co. v. Italian Colors Restaurant decision effectively put another nail in the coffin with respect to the NLRB’s D.R. Horton case. D.R. Horton was on life support in any event, as noted during oral arguments in April of this year before the Fifth Circuit Court of Appeals, when…