The Department of Labor has suggested and is planning on making modification to the Labor-Management Reporting and Disclosure Act ("LMRDA"). This legislation was originally enacted in 1959 and was meant to: To provide for the reporting and disclosure of certain...
Labor Board Reintroduces Ambush Election Rules
On February 4, 2013, the National Labor Relations Board ("NLRB") announced it would reintroduce procedures designed to speed up the union certification processes. The proposed amendments are similar to those first proposed in June 2011, referred to by some as...
D.C. Circuit Rules Recess Labor Board Appointments Unconstitutional
The United States Court of Appeals for the D.C. Circuit ruled Friday, January 25, 2013, President Barack Obama's National Labor Relations Board (NLRB) appointments were unconstitutional when he bypassed Senate confirmation to fill vacancies, also known as recess...
Acting General Counsel Includes Front Pay in NLRB Settlements
Acting General Counsel of the National Labor Relations Board (NLRB) Lafe E. Solomon issued Memorandum GC 13-02 on January 9, 2013 modifying existing Board policy to now permit Agency settlements to include front pay. The memorandum confirmed the long standing...
National Labor Relations Board Releases Fiscal Year 2012 Data
The National Labor Relations Board (NLRB) recently released information regarding its activities during Fiscal Year 2012. The NLRB issued 341 decisions in contested cases for the year, including 277 in unfair labor practice cases and 64 in representation...
District Court Dismisses NLRB Secret Ballot Amendment Challenge
Recently four (4) states (Arizona, South Carolina, South Dakota and Utah) enacted secret ballot elections amendments to their state constitutions designed to protect an employee's right to vote by secret ballot for employee representation. The amendments guarantee...
Labor Board Acting General Counsel Issues Social Media Guidance
On May 31, 2012, the National Labor Relations Board (NLRB) Acting General Counsel Lafe E. Solomon issued a third report related to social media. Memorandum OM 12-59 acknowledges that employee use of social media relating to the workplace is increasing, and as a result...
D.C. District Court Rules Labor Board Lacked Authority to Issue New Election Rules
The National Labor Relations Board's new elections procedures have been a concern for many employers and, despite going into effect on April 30, 2012, have been the subject of an ongoing legal challenge. While the D.C. District Court refused to issue an...
DC Circuit Temporarily Enjoins Labor Board’s Posting Rule
On April 17, 2012, the District of Columbia Circuit Court of Appeals granted the National Association of Manufacturer's (NAM) emergency motion for an injunction pending appeal. NAM is appealing the district court's decision that held the National Labor Relations...
S.C. District Court Finds Posting Rule Exceeds Authority
With the notice posting requirement set to take effect on April 30, 2012, court decisions continue to emerge regarding the legality of the posting requirement. On April 13, 2012, the United States District Court for the District of South Carolina held the...
