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 Article Index » labor law: 10 Most Recent Articles Report Link What's Up With EFCA?Young Conaway Stargatt & Taylor, LLP - March 19, 2010 The recent Senate refusal to approve President Obama’s nomination of Craig Becker to the NLRB may also signal the end of efforts to enact the Employee Free Choice Act. Report Link Changes to Solicitation and Distribution Rule Requirements on the Horizon?Jackson Lewis LLP - March 02, 2010 An employer’s rule limiting employee solicitation on premises is unlawful because, although it contains an otherwise lawful “working time” restriction, it fails to explain the meaning of “working time,” a Regional Director of the National Labor Relations Board has alleged. The agency complaint, issued on behalf of the Board’s prosecutor, its General Counsel, may augur a change in the law by the NLRB. Report Link Will There Be an End-Run Around the EFCA?Young Conaway Stargatt & Taylor, LLP - February 24, 2010 After months of moribundity, the Employee Free Choice Act (“EFCA”) is showing signs of life. Or at least alternative means of imposing some of the major changes included in EFCA, such as greatly decreasing the time of an election campaign and limiting employers’ ability to actively participate in union elections, are being considered. It all depends on the possible confirmation of Craig Becker, whose nomination to the NLRB has been stalled in the Senate but was recently voted out of committee on a party line vote. Report Link Senate Fails to Confirm Becker as NLRB Member, Could a Recess Appointment Be Lurking?Ford & Harrison LLP - February 11, 2010 On February 9, 2010 the Senate failed to invoke cloture on Craig Becker's nomination to the National Labor Relations Board (NLRB) by a vote of 52-33. There is a possibility that President Obama could make a recess appointment for Becker when the Senate goes into recess on President's Day. If that were to happen, Becker's appointment to the Board would last until the end of 2011. Report Link EFCA by Fiat? What a Becker Confirmation to the NLRB Could Mean for Employers.Ford & Harrison LLP - February 08, 2010 On February 4, 2010, the Senate Health, Education, Labor and Pensions Committee voted 13-10 to approve the nomination of Craig Becker to be a member of the National Labor Relations Board. It was a party line vote, with all 10 Republicans on the committee voting against Becker's nomination. Becker must next be confirmed by the entire Senate. With Senator Scott Brown already sworn in as the 41st Republican, there is a real possibility that Becker's confirmation could be blocked by a filibuster. If that were to happen, Senate Majority Leader Harry Reid said the Obama Administration may use a recess appointment to get Becker on the NLRB, which would not require Senate approval. Report Link Supreme Court to Address Whether Two-Member Panel of National Labor Relations Board has Authority to Hear Cases and Issue Orders.Ford & Harrison LLP - January 29, 2010 The U.S. Supreme Court has agreed to review the Seventh Circuit's decision in New Process Steel, L.P. v. NLRB to determine whether the National Labor Relations Board (NLRB) has authority to decide cases with only two sitting members. Report Link Example of Electronic Discovery in Employment Law.Young Conaway Stargatt & Taylor, LLP - January 12, 2010 For the uninitiated, electronic discovery has changed the nature of how litigation is conducted and the obligations imposed on litigants when it comes to the preservation of electronically stored information. A litigant who fails to take the necessary steps to preserve his electronic data can be sanctioned for this conduct, also known as “spoliation.” Report Link Employer's Discriminatory and Overbroad Restrictions on Union Activity Violate NLRA, Court Rules.Jackson Lewis LLP - January 09, 2010 Showing deference to the National Labor Relations Board, the federal appeals court in Chicago has upheld the Board’s determination that a company violated the National Labor Relations Act by restricting union organizing activity at the workplace. Loparex LLC v. NLRB, Nos. 09-2187, 09-2289 (7th Cir. Dec. 31, 2009). The Court also agreed that the company’s shift leaders were not statutory supervisors under the NLRA. Accordingly, the Court granted the Board’s order for the company to cease its unfair labor practices and to take affirmative steps to remedy its past violations. The Seventh Circuit has jurisdiction over Illinois, Indiana, and Wisconsin. Report Link Whatever Happened to the Employee Free Choice Act?Young Conaway Stargatt & Taylor, LLP - January 04, 2010 For the first quarter of 2009, the Employee Free Choice Act (EFCA), was front page news, and the subject of scores of seminars, webinars and spirited discussions. Since then, it has virtually disappeared from view. Aside from a few rumors about possible Senatorial compromises, EFCA became a nonevent during the balance of 2009. As we move into 2010, an election year, will we see an effort to revive and enact EFCA in some form? I’m betting we will. Report Link Executive Labor Summary (December 2009)Constangy, Brooks & Smith, LLP - December 31, 2009 What? NLRB General Counsel ordered to bargain!; NLRB poised for changes; EFCA update; Supreme Court will hear two-member Board cases; Teamsters out for blood? Canadian court upholds Walmart store closing; New nurses’ “super union” to become “organizing machine”?
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March 24, 2010 Fisher & PhillipsEmployment Law Breakfast Briefings`Kenner
March 24, 2010 Fisher & Phillips |
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