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Labor Law - NLRB

Articles Discussing The National Labor Relations Board (NLRB).

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Infighting at NLRB

Jackson Lewis P.C.·

In response to new National Labor Relations Board General Counsel Peter Robb’s proposed changes to case processing and regional office structure, two groups of senior managers and organizations representing the Board’s front-line staff deemed Robb’s ideas an “existential threat” aimed to destroy the

Most NLRB Personnel on Furlough Until Appropriations Bill Signed into Law

Jackson Lewis P.C.·

Bloomberg BNA reports that 99.4 percent of the National Labor Relations Board’s employees (1,426 out of 1,435) are furloughed beginning January 22, 2018, according to the Board’s contingency plan.

New Year, New NLRB

Maynard Nexsen·

As we enter the New Year, the National Labor Relations Board (NLRB) is under new leadership and has begun returning the nation to a more balanced labor policy. The NLRB is responsible for enforcing the National Labor Relations Act (NLRA), which governs labor management relations at unionized and non

Chairman Miscimarra Fought for Employers on NLRB, Left Board Roadmaps for Reversal of Obama Precedent

Jackson Lewis P.C.·

Philip A. Miscimarra was sworn in as a Member of the National Labor Relations Board on August 7, 2013, for a four-year term. On April 24, 2017, President Donald Trump appointed Miscimarra NLRB Chairman.

New NLRB General Counsel Signals Policy Shift

Maynard Nexsen·

Peter Robb, the newly appointed general counsel for the National Labor Relations Board (NLRB), issued a memorandum on December 1, 2017 that suggests he may revisit some of the NLRB’s policy decisions rendered under the Obama administration. A few areas of interest in his relatively brief memorandum

New Labor Board General Counsel Issues Plans for Reversing Course

Jackson Lewis P.C.·

In a sweeping five-page Memorandum, new National Labor Relations Board General Counsel Peter B. Robb has directed NLRB Regional Offices to submit to his Division of Advice for review cases involving “significant legal issues.” The Board’s chief prosecutor’s guidance describes “significant legal issu

What Did National Labor Relations Board General Counsel Richard Griffin’s Term Mean for Employers?

Jackson Lewis P.C.·

Richard F. Griffin, Jr.’s term as National Labor Relations Board (NLRB) General Counsel (GC) was marked by a dogged defense and pursuit of bolstering the rights of unions and employees under the National Labor Relations Act (NLRA).

Senate Committee Approves Trump’s NLRB General Counsel Nominee

Jackson Lewis P.C.·

A critical National Labor Relations Board nomination was approved by the Senate’s Committee on Health, Education, Labor and Pensions on October 18, 2017, according to Bloomberg BNA. Management-side labor attorney Peter Robb’s nomination to be the Board’s next General Counsel has been long-anticipate

NLRB Has Republican Majority: Emanuel Confirmed By Senate

Jackson Lewis P.C.·

Management-side lawyer William Emanuel was confirmed late on September 25, 2017 by the United States Senate to fill the last vacant seat on the National Labor Relations Board. Republican Marvin Kaplan was confirmed on August 2, 2017.

New Board Member Kaplan Sides With Pearce In First NLRB Decision

Jackson Lewis P.C.·

In what appears to be the first time he has participated in a National Labor Relations Board decision, new NLRB Member Marvin E. Kaplan, a Republican, has voted to deny an employer’s request to stay an election. He voted with Democrat Mark Gaston Pearce and contrary to Republican Philip Miscimarra.

Management-Side Labor Law Attorney Peter Robb Nominated for NLRB General Counsel

Jackson Lewis P.C.·

As expected, Peter B. Robb has been nominated by President Donald Trump to become the National Labor Relations Board’s next General Counsel. Robb is a long-time management labor law attorney.

Breaking News: NLRB Chairman Miscimarra Declines Second Term

Jackson Lewis P.C.·

Reportedly citing personal reasons, National Labor Relations Board Chairman Philip Miscimarra has declined consideration for a second term on the Board. Miscimarra’s term expires on December 16, 2017, and the Board is facing a slashed budget.

Senate Confirms Kaplan for Vacant Board Seat, Moving NLRB Closer to Pro-Business Majority

Jackson Lewis P.C.·

The United States Senate has narrowly confirmed former counsel to the Commissioner of the Occupational Safety and Health Review Commission Marvin Kaplan to one of two vacant seats on the National Labor Relations Board. Kaplan’s confirmations leaves one vacant seat on the five-member Board.

Change is Coming: Management-Side Labor Attorney Emanuel Nominated to Labor Board

Jackson Lewis P.C.·

President Donald Trump has nominated management labor attorney William Emanuel to fill one of the two vacant seats on the five-member National Labor Relations Board.

NLRB’s Budget Slashed: What Could It Mean To Your Business?

Jackson Lewis P.C.·

President Donald Trump has released a budget proposal reducing the National Labor Relations Board’s funding in fiscal year 2018 by nearly six percent. It also calls for significant staff reductions at a time when the agency’s caseload is projected to increase.

President to Nominate Republican Attorneys to Fill Labor Board Vacancies

Jackson Lewis P.C.·

Attorneys Marvin Kaplan and William Emanuel will be nominated by President Donald J. Trump to fill the two openings on the five-member National Labor Relations Board, according to the Daily Labor Report. Trump plans to nominate Kaplan and Emanuel by June, following completion of their FBI background

Spending Bill Leaves NLRB Budget Unchanged From 2016, Nixes Electronic Voting

Jackson Lewis P.C.·

The National Labor Relations Board’s wish that its budget for fiscal year 2017 be increased over its FY 2016 budget apparently will not be granted.

NLRB Denies Petitions to Revoke Subpoenas Based on Mere Allegation of Joint Employer Status

Jackson Lewis P.C.·

The National Labor Relations Board has denied petitions to revoke subpoenas that were issued by an NLRB Regional Director to two companies seeking information about a possible joint employer relationship between the two employers. The subpoenas arose out of the investigation of several unfair labor

U.S. Supreme Court Strikes Down Appointment of Former NLRB Acting General Counsel

Littler·

On March 21, 2017, the U.S. Supreme Court affirmed the D.C. Circuit’s holding that Lafe Solomon, who was appointed by former President Barack Obama to serve as acting general counsel to the NLRB in June 2010 when the prior general counsel resigned his position, was prohibited by the Federal Vacancie

Supreme Court Rules that Former Acting NLRB General Counsel Became Ineligible to Perform Duties After President Obama Nominated Him for Permanent Position

FordHarrison·

Executive Summary: The U.S. Supreme Court has held that Lafe Solomon did not validly serve as Acting General Counsel for the National Labor Relations Board (NLRB) after former President Barak Obama nominated him to permanently fill that position in January 2011. See National Labor Relations Board v.