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Report Link U.S. Supreme Court to Decide Appeals Court Conflict Over NLRB Quorum.Jackson Lewis LLP - November 03, 2009 With a clear conflict among the federal Circuit Courts and with the National Labor Relations Board and employers calling to have the Board quorum issue settled, the United States Supreme Court has agreed to decide whether the NLRB is authorized to render decisions while three of its five seats remain vacant. The Court granted certiorari to the Board’s September 29 request to determine whether the National Labor Relations Act authorizes the agency to act with only two members if the Board previously delegated its full powers to a three-member group that included the two remaining members. Report Link U.S. Supreme Court May Take Up Appeals Court Conflict Over NLRB Quorum.Jackson Lewis LLP - October 20, 2009 The Solicitor General of the United States, on behalf of the National Labor Relations Board, has petitioned the United States Supreme Court to settle the dispute among the federal Circuit Courts as to whether the NLRB is authorized to render decisions while three of its five seats remain vacant. The Board on September 29 asked the Court to determine whether the National Labor Relations Act authorizes the agency to act with only two members if the Board previously delegated its full powers to a three-member group that included the two remaining members. Report Link NLRB Asks Supreme Court to Uphold Two-Member Decisions.Fisher & Phillips, LLP - October 02, 2009 On September 29, 2009, the National Labor Relations Board (NLRB) asked the Supreme Court to resolve a split in the United States Circuit Courts of Appeals as to whether a panel of only two members of the NLRB has the authority to issue final orders under the National Labor Relations Act (NLRA). As of today, three Circuit Courts - the 1st, 2nd, and 7th Circuits - have ruled that a two-member panel of the NLRB may issue decisions, while the District of Columbia Circuit has held that two-member decisions are illegitimate. Report Link The Obama Board Takes Shape: Dramatic Changes May Be on the Horizon for Employers.Littler Mendelson, P.C. - July 15, 2009 President Barack Obama's designation of Wilma Liebman as Chairman of the National Labor Relations Board ("the Board" or NLRB), as well as the likely confirmation of nominees Craig Becker, Mark Pearce and Brian Hayes as a "package," will result in the Board being at full strength with five members for the first time in years. Report Link Key NLRB Precedents Likely to Fall Under Liebman Board.Ford & Harrison LLP - July 07, 2009 Last week, we began our series NLRB Watch – which will analyze 10 critical decisions issued by the Bush-appointed National Labor Relations Board ("NLRB" or "Board") that likely will be overturned in the next few years if reconsidered by an Obama-appointed Board now chaired by Wilma Liebman. In most of the critical Bush-era decisions that favored employers, then Board member Liebman dissented, challenging the reasoning and conclusions reached by the Board majority. Careful analysis of Liebman's dissenting opinions in these major decisions provides a legal roadmap – charting the likely course the Liebman Board will take if it is able to reconsider these issues. Report Link Key NLRB Precedents Likely to Fall Under Liebman Board.Ford & Harrison LLP - June 30, 2009 Earlier this year we created "e-mail alerts" to keep you better informed of legislative changes and related legal developments in labor and employment law that will significantly impact both union and non-union employers during 2009. We are gratified with the positive feedback we have received from many of our clients and friends on this series of e-alerts. Based on suggestions we received and encouragement from many in our firm, we are expanding the original framework to address the myriad of potential changes in labor law that we will likely see over the next few years from the National Labor Relations Board (NLRB or Board), the federal agency which administers the National Labor Relations Act (NLRA). Report Link The Pendulum And the Pit.Fisher & Phillips, LLP - June 03, 2009 In late April, less than 100 days after his term began, President Obama appointed a pair of union-side labor lawyers – both Democrats – to fill two of the three vacancies on the National Labor Relations Board (NLRB). Craig Becker currently serves as Associate General Counsel to the Service Employees International Union (SEIU); in addition, he advises the AFL-CIO in a similar capacity. He is a graduate of the Yale Law School, and except for a brief stint teaching at UCLA Law School, he has been a practicing labor lawyer most of his career. Report Link Two-Member NLRB Will Continue to Issue Rulings Despite D.C. Appeals Court's Decision.Jackson Lewis LLP - May 20, 2009 Directly responding to a holding from the U.S. Court of Appeals for the D.C. Circuit, the National Labor Relations Board has announced that it will continue to issue decisions and rulings in unfair labor practice and representation cases. The federal appeals court decided in Laurel Baye Healthcare of Lake Lanier Inc. v. NLRB that the NLRB’s two-member Board did not constitute a quorum of the five-seat Board, and therefore, it lacked authority to issue rulings. The court remanded the case to the Board for redetermination at such time as the agency achieved a legal quorum. Report Link D.C. Circuit Invalidates Two-Member NLRB Decision.Constangy, Brooks & Smith, LLP - May 11, 2009 A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit has invalidated an opinion by the National Labor Relations Board on the ground that the decision was issued by only two Board members. Writing for the court in Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB, Chief Judge David B. Sentelle held that the two-member Board acted beyond its lawful authority and that Section 3(b) of the National Labor Relations Act requires a three-member quorum "at all times." Report Link Federal Appellate Court Holdings Strike Down (and Uphold) Decisions by the Two-Member NLRB.Littler Mendelson, P.C. - May 07, 2009 Since January 2008, the National Labor Relations Board (the "Board") has had only two (out of five) active members. Despite this apparent lack of a quorum, the Board has issued final decisions in approximately 400 cases. The authority of the two-member Board to issue decisions was challenged in many cases and has recently been addressed in three federal appellate court decisions: Laurel Baye Healthcare v. NLRB, No. 08-1162 (D.C. Cir. May 1, 2009), New Process Steel v. NLRB, No. 08-3517 (7th Cir. May 1, 2009), and Northeastern Land Services v. NLRB, 560 F.3d 36 (1st Cir. 2009). These opinions, however, do not resolve the issue of the two-member Board's authority to rule on pending cases because the D. C. Circuit struck down the Board's authority to do so and the Seventh Circuit and First Circuit upheld it. Moreover, the same issue has been raised in two cases still pending before the Second and Eighth Circuits. Report Link Appeals Courts Split on Authority of Two-Member NLRB to Issue Decisions.Jackson Lewis LLP - May 05, 2009 Conflicting rulings among the U.S. Courts of Appeals over whether the National Labor Relations Board, which by law is supposed to have a full complement of five members, can legitimately conduct business with as few as two, has cast doubt on the validity of numerous recent agency decisions. Since January 1, 2008, three of the Board’s five seats have been vacant. Therefore, for the past 16 months the Board has adjudicated approximately 400 cases and transacted other business with only two members. Report Link Obama to Nominate Pro-Union Lawyers to NLRB.Constangy, Brooks & Smith, LLP - May 01, 2009 President Barack Obama has announced his intention to nominate two new members of the National Labor Relations Board. Both nominees are Democrats, and both are attorneys who currently represent labor unions. Report Link President Obama Announces Nominations to fill NLRB Vacancies.Ford & Harrison LLP - April 30, 2009 President Obama has announced the nominations of Craig Becker and Mark G. Pearce to fill two vacant seats on the National Labor Relations Board. Report Link First Circuit Appeals Court Upholds Two-Member Quorum of NLRB.Jackson Lewis LLP - March 20, 2009 In a case of first impression, the U.S. Court of Appeals for the First Circuit upheld the National Labor Relations Board’s authority to issue decisions by a two-member quorum. Northeastern Land Servs. Ltd. d/b/a NLS Group v. NLRB, No. 08-1878 (1st Cir. Mar. 13, 2009). The Board has been operating with two members since January 1, 2008, and faces additional challenges to the two-member quorum in cases pending in the District of Columbia Circuit, Laurel Baye Healthcare of Lake Lanier Inc. v. NLRB. , as well as in a growing number of others, including the Second Circuit (New York), the Seventh Circuit (Chicago), and the Eighth Circuit (St. Louis). Report Link Fasten Your Seatbelts, It's Going To Be A Bumpy Night!Constangy, Brooks & Smith, LLP - January 28, 2009 President Barack Obama has officially nominated Wilma B. Liebman to be the new chair of the National Labor Relations Board, marking an important policy change. While a member of the NLRB, Liebman has openly disagreed with the Bush Administration on labor-management relations. Thus, her appointment is one more indication that employers will face a different world under the Obama Administration. Report Link Quarterly Labor Update - Focusing On NLRB And Related Court Decisions.Jackson Lewis LLP - April 24, 2007 What has the NLRB brought us in the first quarter of 2007?
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Employment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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