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Total Articles: 10

President Nominates Two to the NLRB: Will Newcomers Bring Much-Needed Change to the Agency?

On June 27, 2017, President Trump nominated labor attorney William J. Emanuel to fill one of two vacancies to the National Labor Relations Board (NLRB).

Alex Acosta, Former NLRB Member, Nominated as Secretary of Labor

President Trump announced today that he intends to nominate R. Alexander Acosta as the Secretary of Labor. Mr. Trump’s initial nominee for the position, Andrew Puzder, withdrew his candidacy yesterday.

Supreme Court Invalidates Recess Appointments to NLRB

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 interpreted the President's power under the Recess Appointments Clause, it held that the three-day session during which the appointments were made was too short to fall within the Clause. Accordingly, the Court found that the President lacked the authority to make these appointments. Although the positions held by these members have since been filled by validly appointed members, the decision calls into question the validity of hundreds of Board opinions issued during the time these members served because the Board lacked a valid quorum during that time.

U.S. Supreme Court Unanimously Finds NLRB Recess Appointments Unconstitutional

As we reported to you in March 2013, in Noel Canning v. NLRB, the U.S. Court of Appeals for the DC Circuit ruled that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who resigned prior to DC Circuit decision), and Sharon Block to the National Labor Relations Board (NLRB) were unconstitutional because they did not occur during an inter-session recess of the Senate. Without those three members, the DC Circuit held that the NLRB did not have a quorum and could not act lawfully, calling into question the continuing validity of literally hundreds of NLRB decisions issued between January 3, 2012 (when Member Becker’s term ended) and August 2013, when the current NLRB members were confirmed by the Senate.

eLABORate: U.S. Supreme Court Invalidates President Obama's January 2012 NLRB Recess Appointments

The U.S. Supreme Court has held that three recess appointments made by President Obama to the National Labor Relations Board (“NLRB”) in January 2012 were unconstitutional. The decision calls into question the rulings from the NLRB during the time period when the disputed recess appointees were on the board.

Supreme Court Strikes Down NLRB Recess Appointments

Dealing the agency its second major setback on the legitimacy of its quorum, the Supreme Court has invalidated a trio of recess appointments made to the NLRB back in January of 2012. Moments ago, the Court handed down its landmark decision in NLRB v. Noel Canning, upholding a challenge to the agency’s authority to issue hundreds of decisions over the 18 months that followed the invalid appointments.

NLRB Appeals Noel Canning Decision to the Supreme Court

As we discussed at the end of January, in Noel Canning, the D.C. Circuit ruled that the recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the NLRB were unconstitutional because they did not occur during an intersession recess of the Senate. Without those three members, the court held that the Board did not have a quorum and could not act lawfully.

NLRB Asserts Jurisdiction over Chicago Nonprofit Corporation that Operates Charter School

In a 3-1 decision in Chicago Mathematics & Science Academy Charter School, Inc. and Chicago Alliance of Charter Teachers & Staff, IFT, AFT, AFL-CIO, the National Labor Relations Board (NLRB) asserted jurisdiction over a private, nonprofit corporation that operates a public charter school in Chicago.

NLRB is finding ways to implement its Employee Rights Notice posting, in spite of legal challenges.

On September 28, 2012, a three-member panel of the National Labor Relations Board (NLRB) affirmed the decision of an Administrative Law Judge (ALJ) who upheld a car dealership’s firing of a salesperson that was based on a Facebook posting. But it also found a way to include its Notice of Employee Rights poster in the resolution of the case. Karl Knauz Motors, Inc. Case 13-CA-036452 (Sept. 28, 2012).

Supreme Court Hands Down Blockbuster Decision Invalidating Two-Member NLRB Decisions; Effect for Employers Remains Uncertain.

The Supreme Court issued its long-awaited decision in New Process Steel, L.P.v. NLRB, ruling that the National Labor Relations Board (the Board) does not have the authority to issue decisions without at least three members currently sitting on the Board. The Court’s decision invalidates in one fell swoop some 600 decisions that had been issued by the Board during a recent 27-month period in which the Board had only two members. While the Court’s decision is not expected to significantly impact the eventual outcome of those particular cases, the decision may reenergize the drive by Democrats in Congress to appoint Craig Becker and other union-friendly persons to full terms on the Board, thus creating a dramatic pro-union shift in the labor law landscape for years to come.
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