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.

Tagged with: First Amendment free speech National Labor Relations Act NLRB unions

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.

Tagged with: NLRB U.S. Supreme Court

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.

Tagged with: NLRB

Recently, the National Labor Relations Board has taken a stance against employer policies that foreclose any possibility of altering the at-will employment relationship.

Tagged with: NLRB

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.

Tagged with: Constitution NLRB U.S. Supreme Court

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.

Tagged with: Barack Obama NLRB U.S. Court of Appeals

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.

Tagged with: National Labor Relations Act National Labor Relations Board NLRB

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.

Tagged with: 7th U.S. Circuit Court of Appeals NLRB U.S. Supreme Court

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.

Tagged with: 7th Circuit Court of Appeals 7th U.S. Circuit Court of Appeals AFL-CIO NLRB Supreme Court

The task of conducting internal investigations may have just gotten a bit more difficult.

Tagged with: discrimination EEOC Job Cites NLRB sexual harassment Title VII

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.

Tagged with: NLRB Social media

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.

Tagged with: NLRB

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.

Tagged with: collective bargaining labor law NLRB Social media

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.

Tagged with: Ethics Justice Department NLRB

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?

Tagged with: discrimination EEOC NLRB Title VII

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.

Tagged with: NLRB

In most American workplaces, at-will employment clauses in employee handbooks and agreements are as common as break room water coolers.

Tagged with: National Labor Relations Act National Labor Relations Board NLRB

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.

Tagged with: Krukowski & Costello labor law National Labor Relations Act National Labor Relations Board NLRB unions

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.

Tagged with: NLRB 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.

Tagged with: concussion labor law lawsuit National Labor Relations Board NLRB

The National Labor Relations Board has released the third in a series of memos that detail common pitfalls in employment social media policies.

Tagged with: National Labor Relations Board NLRB Social media

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.

Tagged with: National Labor Relations Act National Labor Relations Board NLRB unions

10-3300 NLRB v. KSM Industries, Inc.

Tagged with: 7th Circuit Digest Civil Digest due process Labor Digest NLRB

New rules simplifying and speeding up the process for union organizing elections went into effect April 30.

Tagged with: Elections NLRB

11-1883 & 11-2058 Ruan Transport Corp. v. NLRB

Tagged with: 7th Circuit Digest Civil Digest Labor Digest NLRB

10-3213, 10-3701, 10-3872 & 11-1011 Rochelle Waste Disposal, LLC, v. NLRB

Tagged with: 7th Circuit Digest Civil Digest Labor Digest NLRB Retaliation

Employers have increasingly required workers to sign mandatory arbitration agreements.

Tagged with: class action National Labor Relations Board NLRB Supreme Court

Lawsuits challenging the validity of President Barack Obama’s recess appointments to two major federal agencies have cast a cloud of uncertainty over opinions and regulations being handed down and could result in years of additional litigation that will harm American businesses, lawmakers and attorneys warn.

Tagged with: National Labor Relations Board NLRB Supreme Court

Workplace social media use is a fertile ground for potential federal labor law violations, according to a new guidance memo released by the acting general counsel of the National Labor Relations Board detailing the Board’s recent decisions on the issue.

Tagged with: National Labor Relations Board NLRB Social media

The president of the U.S. Chamber of Commerce said the organization would take a wait-and-see approach in deciding whether to file a legal challenge over President Barack Obama’s recess appointments to the Consumer Financial Protection Bureau and the National Labor Relations Board, but added that a lawsuit could be forthcoming depending on the agencies’ actions.

Tagged with: National Labor Relations Board NLRB