By George J. Miller
On May 22, 2012, in long standing case involving Park Point University in Pittsburgh, a three member majority of the National Labor Relations Board issued an invitation for briefs from interested parties on the question of whether private university faculty members seeking to be represented by a union are employees ...
By Edwin S. Hopson
A federal judge in Washington, D.C. has ruled in Chamber of Commerce of the United States, et al. v. National Labor Relations Board that the NLRB lacked a quorum when it approved new rules governing union representation elections and that therefore the rules are invalid. In his May 14, 2012 decision, U.S. District Judge James ...
By Edwin S. Hopson
New rules governing procedures applicable to the processing of representation cases before the National Labor Relations Board went into effect on April 30, 2012. According to an April 26, 2012, memorandum issued by NLRB Acting General Counsel Lafe Solomon to NLRB field personnel, the new rules “are designed to reduce ...
By Glen M. Krebs
The United States District Court for The Northern District of Florida (Pensacola Division) in the case of Bayou Lawn & Landscape Services, et al., v. Hilda Solis, et al., has enjoined the implementation of the H-2B regulations which were scheduled to take effect on April 27, 2012. The new regulations were to change the methods and ...
By Edwin S. Hopson
On June 22, 2011, the National Labor Relations Board issued a notice of proposed rulemaking proposing various amendments of its rules governing the filing and processing of representation election petitions. On December 22, 2011, the NLRB issued a final rule amending its regulations which takes effect today. The final ...
By Edwin S. Hopson
According to a press release issued today by U.S. Senator Mike Enzi (R-Wyo.), the ranking member of the Senate Health, Education, Labor and Pensions Committee, the Senate rejected a resolution that would have nullified the NLRB’s revised union representation rules set to go into effect April 30, 2012. The vote was reportedly 54 ...
By Edwin S. Hopson
On April 20, 2012, Republican U.S. Senator Mike Enzi of Wyoming, the ranking member on the Senate Health, Education, Labor and Pensions Committee, announced that it was expected that the full Senate on April 23 and 24 will debate S.J. Res 36, which seeks to invalidate the NLRB’s regulation that would speed up the union ...
By Edwin S. Hopson
Because of declining case loads, NLRB Acting General Counsel Lafe Solomon has announced implementation of a pilot program that will consolidate a number regional offices effective May 1, 2012. Under the plan, staff in regional offices in Atlanta, Georgia (Region 10) and Winston-Salem, North Carolina (Region 11) will report ...
By Edwin S. Hopson
The Washington Post, quoting from a story by the Associated Press, reported on Tuesday, April 17, 2012, that the U.S. Court of Appeals for the District of Columbia Circuit had “temporarily blocked the National Labor Relations Board from making millions of businesses put up posters informing workers of their right to form ...
By Edwin S. Hopson
On April 13, 2012, U.S. District Judge David C. Norton of the U.S. District Court for South Carolina, ruled in an action brought by the U.S. Chamber of Commerce and others that the National Labor Relations Board’s notice posting rule set to go into effect April 30, 2012, was “unlawful under the [Administrative Procedure ...