Highlighted Posts

Posts from April 2013.

By Edwin S. Hopson

 On April 25, 2013, the government filed its petition for certiorari in the U.S. Supreme Court in NLRB v. Noel Canning, seeking review of the D.C. Circuit Court of Appeals' decision invalidating President Obama’s January 2012 recess appointments to the Board.  In its 31 page brief, the Justice Department and NLRB lawyers ...

By Edwin S. Hopson

On April 23, 2013, the National Labor Relations Board issued its decision in Caterpillar, Inc., 359 NLRB No. 97 (2013), holding that a company’s refusal to allow a non-employee union representative on its property after a fatal accident to investigate the accident was a violation of Section 8(a)(5) of the National Labor ...

By Edwin S. Hopson

On May 16, 2013, the full U.S. Senate Committee on Health, Education, Labor & Pensions will conduct a hearing on the pending nominations to be Members on the National Labor Relations Board.  Currently, there are five nominations pending for the five-member board. They are for:

●Curent Chairman Mark Pearce, for ...

By Edwin S. Hopson

On April 18, 2013, the U.S. Senate Health, Education, Labor and Pensions Committee held a hearing on the nomination of Thomas Perez to be the U.S. Secretary of Labor.  The ranking Republican on the committee, Senator Lamar Alexander (R-Tenn.), questioned Perez regarding his role in the Justice Department’s deciding not ...

By Edwin S. Hopson

The U.S. Senate Committee on Health, Education, Labor & Pensions will hold a hearing on April 18, 2013, regarding President Obama’s nominee for Secretary of Labor, Thomas E. Perez.  Perez is currently the U.S. Assistant Attorney General for Civil Rights, and formerly served as Maryland's Secretary of Labor.  A number of ...

By Edwin S. Hopson

On April 12, 2013, the U.S. House of Representatives passed H.R. 1120 which would require the National Labor Relations Board to cease all activity that requires a three-Member quorum until the legality of President Obama’s recess appointments to the NLRB is resolved by the courts or a proper quorum is obtained through Senate ...

By Edwin S. Hopson

On April 9, 2013, President Obama announced his intent to nominate three additional persons to serve as Members of the National Labor Relations Board. If confirmed, this would bring the number of Board Members to five, including two recess appointments.

The three persons to be nominnated are: Current Board Chairman Mark ...

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