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Total Articles: 10

Quickie Election Rules, Thumbs Up Or Down?: Board Member Kaplan Again Says No Comment

In what appears to be the second unpublished decision in which he has participated since becoming a Board Member, Member Marvin E. Kaplan once again has “expresse[d] no view with respect to whether he agrees or disagrees with revisions [to the NLRB’s election procedures] made by the [“quickie] Election Rule….” Garda CL Atlantic, Inc., Case 29-RC-197242 (Oct. 3, 2017).

Blockbuster Union Fees Issue Returns to Supreme Court

The Supreme Court has agreed to hear a landmark case involving the dues unions collect to support their collective bargaining efforts. The case affects millions of teachers and other public school employees and could potentially deal a significant setback to unions.

Take Two: The Supreme Court Again to Decide the Constitutionality of Public Sector Union “Fair Share Fees”

As we previously reported, in July 2015, the United States Supreme Court decided to hear an appeal of a case from the United States Court of Appeals for the Ninth Circuit regarding the legality of “fair share” fees for public employees. Fair share fees are fees that are proportionate to the union’s costs associated with collective bargaining, contract administration and other activities germane to the union’s duties as the collective bargaining representative. Public sector unions cannot use fair share fees toward their political activities.

SCOTUS to Consider "Fair Share" Union Dues by Non-Members in the Public Sector

On September 28, 2017, the Supreme Court of the United States announced that it will grant certiorari in a case that will test the constitutionality of requiring mandatory payment of “fair share” union dues to be paid by non-member, non-consenting public sector workers.

SCOTUS Appears Ready To Deal Devastating Blow To Public Unions

In a move that must have labor unions across the country trembling with fear, the Supreme Court today announced that it will once again take up the issue of whether public sector agency shop fee arrangements are prohibited by the First Amendment. If the Court rules as expected and strikes down these common arrangements, it would be a big blow to the influence that labor has across the country (Janus v. American Federation of State, County, and Municipal Employees, Council 31).

Emanuel’s Confirmation Launches a New Era at the NLRB

September 25, 2017, marks a significant turning point in the recent saga of the National Labor Relations Board (NLRB). Eight months into the Trump administration, the U.S. Senate confirmed William J. Emanuel to fill the long-vacant and tie-breaking fifth seat on the Board. His elevation to the Board, along with fellow Republican Marvin E. Kaplan, finally gives Chairman Philip A. Miscimarra a majority on the Board. A rebalancing can now begin after eight years of dissents filed by Member Miscimarra and former members Harry I. Johnson III and Brian E. Hayes (who is now a shareholder in Ogletree Deakins’ Washington, D.C., office and the author of the Practical NLRB Advisor).

NLRB Has Republican Majority: Emanuel Confirmed By Senate

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.

NLRB Tilts to 3-2 GOP Majority With Confirmation of Emanuel

The US Senate has confirmed management-side attorney William Emanuel to a five-year term on the National Labor Relations Board (NLRB).

New Board Member Kaplan Sides With Pearce In First NLRB Decision

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. Kaplan was sworn in on August 10, 2017, for a term ending August 27, 2020.

Employers Looking Forward to a GOP Labor Board Must Exercise Patience

As the Trump administration begins to exercise its power through U.S. agencies enforcing federal employment laws, two Republican appointees will soon reshape the National Labor Relations Board (NLRB) with a majority presumably more sympathetic to business interests than that of the Obama-era Board. After the pro-labor policy changes wrought by the Obama NLRB, pro-business groups anticipate the possibility of restoring traditional union election practices, returning to the conventional view of joint employer relationships, and reinstating business owners’ ability to impose effective workplace rules. Employers’ patience will be tested, however, considering the procedural hurdles facing reversals of administrative doctrine and rules.