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...
Columbus Business First Covers Recent National Labor Relations Board Rulings
Justin A. Morocco, an Associate at , was quoted in a Columbus Business First story entitled "Labor board has attorneys working overtime to keep up with rulings." The story covered recent National Labor Relations Board (NLRB) rulings...
Labor Board Recess Appointments Under Challenge
Cases are emerging challenging whether President Barack Obama overstepped his constitutional authority when he relied on recess appointment powers to appoint three members to the National Labor Relations Board (NLRB). After the 2011 U.S. Supreme Court holding in...
National Labor Relations Board Posting Penalties Exceed Authority
The United States District Court for the District of Columbia issued a decision today finding that the NLRB posting requirement provision deeming a failure to post an unfair labor practice (ULP) and tolling the statute of limitations in ULP actions against employers...
Labor Union Fines Upheld Even Without Work
Employees should thoroughly review the obligations they are agreeing to when considering whether to join a Labor Union. A recent case from the Ninth District Court of Appeals from Medina, Ohio demonstrates that Union membership could cost you, literally. ...
National Labor Relations Board’s Speedy Election Rule
The National Labor Relations Board (NLRB) issued a new final rule on December 26, 2011 limiting an employer's ability to challenge certain election procedures. The final rule is currently set to go into effect on April 12, 2012; however, like the new notice...
Obama Makes Recess Appointments to National Labor Relations Board
President Obama announced his recess appointments to the National Labor Relations Board (NLRB) of Sharon Block, Terence Flynn, and Richard Griffin. Senate Republicans have opposed the recess appointments to the NLRB on constitutional grounds. Ms. Block is...
National Labor Relations Board Postpones Notice Requirement
The National Labor Relations Board (NLRB) postponed the implementation date for the new notice-posting rule until January 31, 2012. The Board indicated that the delay was to "allow for enhanced education and outreach to employers, particularly those who operate...
