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…

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…

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…

On April 26, 2013, the NLRB issued a ruling which found certain no solicitation – no distribution policies of the retail outlet Target Corporation improper.  Per usual, these allegations developed as a result of an organizing campaign at the facility.  While a portion of the rule was found lawful, the following provisions were found unlawful…

On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the NLRB’s August 2011 Notice Posting rule was invalid.  Given that the Court had previously enjoined the implementation of the rule, such a ruling comes as no surprise.  However, the Court did not rule as to whether the…

While union organizing is decreasing in so many other parts of the economy, healthcare remains a target.  The Service Employees International Union in particular continues in its efforts to organize healthcare facilities throughout the U.S.  A recent example as to how disruptive such actions can be is set out in a recent settlement agreement reached…

On January 25, 2013, the D.C. Circuit Court invalidated President Obama’s three appointments to the National Labor Relations Board.   The decision in Canning v. NLRB not only calls into question the “recess appointment” power of the President, but could paralyze the NLRB by putting hundreds of decisions in jeopardy.

Presidents have made so-called recess appointments…