Newsline

Optimism Following Oral Arguments in NLRB Recess Appointments Case

The U.S. Supreme Court heard oral arguments Jan. 13 in the National Labor Relations Board (NLRB) recess appointments case (Noel Canning).  The oral arguments centered on a lower court ruling that held President Obama’s early 2012 recess appointments of three members to the NLRB were unconstitutional. More background information on the Noel Canning case and ABC National’s involvement can be found on the ABC website. 

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NLRB Abandons Controversial “Employee Rights” Poster Rule

The National Labor Relations Board (NLRB) January 6 formally abandoned its controversial “Employee Rights” notice poster rule after deciding not to file a petition for the U.S. Supreme Court to review two U.S. Court of Appeals decisions invalidating the notice posting rule. The rule would have required employers to display a poster in their workplace that contained a biased and incomplete list of employee rights under the National Labor Relations Act. 
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NLRB Drops Appeal of Ambush Elections Rule, Reissuance Expected

The National Labor Relations Board (NLRB) Dec. 9 agreed to dismiss its appeal of a court ruling invalidating its controversial “ambush” election rule, which would have drastically reduced the amount of time between when a union files a representation petition and an election takes place.
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DOL and NLRB to Focus on Persuader and Ambush Election Rules in 2014

In its regulatory agenda released Nov. 27, the Department of Labor (DOL) listed a date of March 2014 to release its “persuader” final rule , which severely narrows long-standing reporting exemptions for employers and labor relations experts and redefines “advice.”  
If the rule is finalized, it will greatly expand the circumstances in which third party advice, which employers use to educate their employees about collective bargaining, would have to be reported by both the employer and the third party. Third parties include attorneys and association staff. As the proposal is currently written, the disclosure requirements also include money paid for these services. 
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U.S. Supreme Court to Take Up NLRB Recess Appointment Case Jan. 13, 2014

The U.S. Supreme Court has set a date of Jan. 13, 2014, to review a lower court ruling that President Obama’s early 2012 “recess” appointments of three members to the National Labor Relations Board (NLRB) were unconstitutional.
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Despite Opposition, Senate Confirms Controversial NLRB General Counsel Nominee

In a 55-44 vote, the U.S. Senate Oct. 29 confirmed Richard Griffin to serve a four-year term as the National Labor Relations Board’s general counsel, despite opposition from Senate Republicans and the ABC-led Coalition for a Democratic Workplace (CDW). 
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NLRB, OSHA and Others Back to Business After Shutdown

The federal government reopened on Oct. 17 after at 16-day shutdown and agencies that either weren’t operating or were only partially operating during that time are back up and running. Here is some information on what ABC members can expect from a few of the agencies post-shutdown. 
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ABC Slams DOL ‘Persuader’ and NLRB ‘Ambush’ Proposals in Response to House Hearing

ABC Sept. 19 sharply criticized pending regulatory proposals from the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) in response to a hearing held by the U.S. House of Representatives Committee on Education and the Workforce Subcommittee on Health, Employment, Labor and Pensions. The hearing, titled, “The Future of Union Organizing,” and ABC’s letter highlighted the Obama administration’s efforts to eliminate employer involvement in the union representation process.
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Appeals Courts Deny NLRB Requests to Rehear Poster Rule Case

The U.S. Court of Appeals for the D.C. Circuit Sept. 4 became the second court to deny a request by the NLRB to review a decision to invalidate the NLRB’s August 2011 “Notification of Employee Rights” rule. Under the rule, employers would have been required to display a poster in their workplace that contained a biased and incomplete list of employee rights under the National Labor Relations Act.
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NLRB and DOL: Fully Staffed and Ready to Implement Aggressive Agendas

As of July 30, the National Labor Relations Board (NLRB) is fully staffed and the new members are likely to pursue issues the NLRB did not complete in past years, many of which are designed to facilitate or expedite the union organizing process. READ MORE