A second federal appeals court has found that President Barack Obama exceeded his power when he bypassed the Senate to install a member to the National Labor Relations Board.
Senate Republicans said Thursday they would not support five nominees to the National Labor Relations Board, raising the possibility the troubled agency could be rendered mostly inoperable later this year.
The employment bar was roiled last year when the National Labor Relations Board ruled that a company policy requiring employees to keep interviews related to internal investigations confidential violated federal labor law.
In another blow to the nation’s dwindling labor unions, an appeals court on Tuesday struck down a federal rule that would have required millions of businesses to put up posters informing workers of their right to form a union.
Saying that the ruling unduly restricts presidential authority, the Obama administration has asked the U.S. Supreme Court to strike down a federal appellate court decision invalidating last year’s recess appointments to the National Labor Relations Board.
The House has passed a measure that would stop the National Labor Relations Board from conducting business until a dispute over the president’s recess appointments is resolved. It’s what amounts to a constitutional three-ring circus.
Recently, the National Labor Relations Board has taken a stance against employer policies that foreclose any possibility of altering the at-will employment relationship.
The National Labor Relations Board said Tuesday it plans to appeal to the U.S. Supreme Court a far-reaching decision that invalidated President Barack Obama’s recess appointments to the agency.
President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel, a federal appeals court panel ruled Friday.
After stirring up the bar with a pair of cases alleging that at-will employment clauses for non-union workers violated federal law by potentially stifling concerted activity, the National Labor Relations Board has issued guidance memos that offer some relief for employment-side attorneys.
A federal appeals court in Chicago heard arguments Friday in a case that challenges whether President Barack Obama had the authority to appoint three people to the National Labor Relations Board without Senate approval — and who gets to decide whether the Senate is in session.
In a major test of presidential power, federal appeals courts are starting to hear legal challenges to President Barack Obama’s decision to bypass the Senate in appointing three members to the National Labor Relations Board.
The task of conducting internal investigations may have just gotten a bit more difficult.
Social media websites are a relatively new phenomenon, and employer policies that establish what employees may post on those websites have been the (moving) target of labor disputes and litigation.
The case backlog at the National Labor Relations Board, as well as the average time it takes for a case to be resolved, has been cut back according to statistics released by the agency this week.
Costco could not enforce a social media rule prohibiting employees from posting online statements that damaged the wholesaler’s reputation, the National Labor Relations Board has decided in rejecting an administrative judge’s findings.
The top lawyer at the National Labor Relations Board violated federal ethics rules by helping investigate a case involving Wal-Mart Stores Inc. despite holding a financial interest in the company, the board’s inspector general has found.
Before lawyers had time to digest the recent ruling from the National Labor Relations Board that an employer violated federal labor law by requesting confidentiality from all employees during internal investigations, they faced another question: was the Equal Employment Opportunity Commission taking the same position?
A recent National Labor Relations Board ruling holding that a company committed an unfair labor practice by requiring employees to agree to keep internal investigation interviews confidential is sending employers scrambling to change their policies.
In most American workplaces, at-will employment clauses in employee handbooks and agreements are as common as break room water coolers.
In a continuation of its growing trend of seeking to enforce the rights of all workers, including those in union-free work forces, the National Labor Relations Board added a page to its website last month dedicated to promoting protections of the National Labor Relations Act that apply to non-union and unionized employees alike. The stated target audience for this educational Web page is all American workers – your employees.
The good news is that the National Labor Relations Board’s acting general counsel has issued guidance that provides employers clear advice relating to the rapidly evolving area of social media.
Smokers and pro football players have something in common: They engage in risky behavior that can be potentially harmful to their health over time.
The National Labor Relations Board has released the third in a series of memos that detail common pitfalls in employment social media policies.
The National Labor Relations Board has filed an appeal that could sort out if private businesses can be forced to post notices informing workers about their rights to join or form a union.
10-3300 NLRB v. KSM Industries, Inc.
New rules simplifying and speeding up the process for union organizing elections went into effect April 30.
11-1883 & 11-2058 Ruan Transport Corp. v. NLRB
10-3213, 10-3701, 10-3872 & 11-1011 Rochelle Waste Disposal, LLC, v. NLRB
Employers have increasingly required workers to sign mandatory arbitration agreements.
