Labor Law - NLRB

The U.S. Supreme Court issued its long-awaited opinion in Noel Canning v. NLRB this morning, upholding the D.C. Circuit’s finding that the President’s three recess appointments to the National Labor Relations Board when the Senate was still holding pro forma sessions were invalid. The decision, howe

In a long-awaited decision, the U.S. Supreme Court has held that President Obama's recess appointments of Members Block, Griffin, and Flynn to the National Labor Relations Board (NLRB) on January 4, 2012, were unconstitutional. See NLRB v. Noel Canning (June 26, 2014). Although the Court broadly int

The National Labor Relations Board (NLRB) recently issued two significant decisions on the same day (May 9) that highlight contrasting methods of issuing dissents.

The National Labor Relations Board’s (NLRB or Board) General Counsel, Richard Griffin, issued a memorandum (GCM 14-01) in late February to the Board’s Regional Directors highlighting legal issues the Regions are required to submit to the Board’s Division of Advice. The General Counsel’s memorandum a

Nearly 50 speakers have or are slated to testify during the National Labor Relations Board’s 2-day public meeting on the proposed expedited or “ambush” election rule. The Board sought input on approximately 20 different issues stemming from the proposed rule, which would make significant changes to

During Monday’s oral arguments of the closely watched case NLRB v. Noel Canning, several members of the Supreme Court – including those considered the most liberal – took issue with the government’s legal justifications in support of President Obama’s January 4, 2012 recess appointments to the Natio

Now that the government shutdown has finally ended, federal agencies have been fielding questions about adjusted filing deadlines and procedures. As previously discussed, when the shutdown first began, the National Labor Relations Board issued a directive granting parties an extension of time to fil

While attention was diverted to the eleventh-hour efforts to craft and pass a deal avoiding a fiscal crisis and reopening the federal government, Senate Majority Leader Harry Reid (D-NV) on Wednesday filed a motion to proceed with consideration of Richard Griffin, Jr., to be the General Counsel of t

Executive Summary: The National Labor Relations Board has released a notice of procedures that will apply during the shutdown of government agencies resulting from the failure of Congress to reach an agreement on appropriations. The Notice will be published in the Federal Register and is available a

On Wednesday, the Senate Committee on Health, Education, Labor and Pensions (HELP) voted 13-9 to advance the nomination of Richard F. Griffin, Jr., to serve as General Counsel of the National Labor Relations Board. Griffin was one of the three controversial recess appointees to the Board. Earlier th

Executive Summary: A federal trial court in Washington state has held that the President violated the Federal Vacancies Reform Act (5 U.S.C. § 3345, et. seq.) when he appointed Lafe Solomon as Acting General Counsel for the National Labor Relations Board (the Board) on June 21, 2010. See Hooks ex re

Further complicating the beleaguered Agency’s ability to carry out its mission, a federal court has determined that National Labor Relations Board Acting General Counsel (GC) Lafe Solomon was not properly appointed to his position.

An agreement reached on July 16, 2013, between Senate Democrats and Republicans to avoid filibuster reform should result in four new members of the National Labor Relations Board (NLRB) and the reappointment of its controversial chair, Mark Gaston Pearce. Concerned over lengthy delays with confirmat

Executive Summary: In a 2-1 decision, the Third Circuit has held that the President's recess appointment of Craig Becker to the National Labor Relations Board was invalid because he was not appointed during an intersession break of Congress as required by the Recess Appointments Clause. Accordingly,

A three-judge panel of the D.C. Circuit Court of Appeals has held that President Obama's recess appointment of three members to the National Labor Relations Board (NLRB) violated the U.S. Constitution. See Noel Canning v. NLRB, No. 12-1115 (January 25, 2013). While the NLRB likely will appeal this d

On December 13, 2012, the Committee on Oversight and Government Reform of the U.S. House of Representatives issued a 33-page report accusing the National Labor Relations Board (NLRB or Board) of express pro-union bias, pursuing a program of aggressive tactics designed to promote union agendas, makin