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12 Jun 2013 Doubling Down – The NLRB Shuns <i>Noel Canning</i> Implications Again

Since it was decided in January, the D.C. Circuit’s Noel Canning decision has been easy ammunition for employers to shoot at the NLRB in response to any adverse decision. As we previously reported, the NLRB’s response has been to effectively “put their fingers their ears” and refuse to recognize the ruling of the D.C. Circuit as controlling. Most recently, the ability of the NLRB to act was challenged by the Respondent in Ampersand Publishing, LLC, 359…

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11 Jun 2013 ACLU’s Stealth Challenge to Michigan Right to Work…Could Open Meetings Act Lawsuit Sink Controversial Law?

While much of the initial fervor related to Michigan passing right to work legislation has subsided, a lawsuit that could collaterally challenge the law silently proceeds. As we previously reported, a lawsuit was filed under Michigan’s Open Meetings Act to challenge the process used by the Michigan’s Legislature to pass the controversial legislation. In January, the ACLU stepped in to litigate on behalf of the groups challenging the law. Recently, Michigan Radio’s Political Analyst Jack…

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10 Jun 2013 Red Cross Confidentiality Policies Fail to Pass Muster with the NLRB

An NLRB Administrative Law Judge has determined that the confidentiality-related policies of the American Red Cross were overbroad and could be read to chill the exercise of employee rights under the National Labor Relations Act. The ALJ’s decision in American Red Cross Blood Services, Case No. 08-CA-090132, underscores two key points: (1) handbooks, codes of conduct and independent confidentiality agreements with personnel will be read together to discern the intent behind polices and whether restrictions…

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06 Jun 2013 Associate in Small Law Firm Meets NLRA Definition of Supervisor

An associate in a small law firm in Alabama has been found by an NLRB administrative law judge to meet the statutory definition of a supervisor under the National Labor Relations Act and, as a result, her termination by the firm did not violate the Act. In reaching his decision, the ALJ effectively viewed this as a case of first impression.  As a result, the ALJ made a detailed examination of the facts relevant to…

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05 Jun 2013 The Right-to-Work Discussion Carries On in the Seventh Circuit and the Ohio Statehouse

Indiana Operators Local 150 is appealing the recent dismissal of its challenge to Indiana’s Right-to-Work law to the Seventh Circuit and asserting that the law is preempted by the National Labor Relations Act and the U.S. Constitution’s protections on free speech. The Union’s preemption argument incorporates the common “free rider” argument, specifically contending that: “The Indiana Right to Work law burdens union members and the union itself by requiring them to bear the full cost  of representing ‘free riders,’ which in turn diverts union…

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23 May 2013 Senate Committee Approves NLRB Nominees for Confirmation Vote

The Senate took a step closer to confirming five nominees to the NLRB this week when the Health, Education, Labor, and Pensions Committee (HELP) Committee voted to recommend that the full Senate confirm the nominations of Democrats (and current Board members) Mark Gaston Pearce, Richard F. Griffin, and Sharon Block and Republicans Harry I. Johnson and Philip A. Miscimarra. Two of the nominees, Richard Griffin and Sharon Block, were opposed by Republican members of the…

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21 May 2013 Now the Unions are Complaining About Obamacare

Can you imagine an issue that Speaker of the House John Boehner and the President of the UFCW agree on? Well, we may have found it and you’d be surprised what it is – Obamacare! There’s an interesting article today in The Hill reporting on how several unions – the United Food and Commercial Workers International Union, UNITE HERE, the Teamsters and the United Union of Roofers, Waterproofers and Allied Workers – are all now…

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20 May 2013 NLRB Weekly Summary of Decisions – May 6-10, 2013

The National Labor Relations Board (NLRB) has posted a summary of decisions for the week of May 6-10, 2013 on their website. The summary can be accessed by visiting the NLRB’s website here or by clicking on the link below. National Labor Relations Baord: Summary of Decisions – May 6-10, 2013. btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis,…

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17 May 2013 Barnes & Thornburg Legal Alert Provides Full Analysis on the Impact of <i>New Vista Nursing</i>

A Barnes and Thornburg legal alert analyzing yesterday’s New Vista Nursing Third Circuit case regarding recess appointments is now available on the firm’s website. Our previous coverage of the case from yesterday can be found here. One issue analyzed is the Third Circuit’s distinction between the NLRB quorum requirement and the Board’s ability to delegate authority to three members.The Third Circuit found that even if the Board as a whole has a valid quorum, if…

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16 May 2013 Third Circuit Follows D.C. Circuit on Noel Canning, Holds Becker Recess Appointment Invalid

In another groundbreaking decision against the NLRB, the Third Circuit has followed the D.C. Circuit’s reasoning in Noel Canning regarding presidential recess appointments and as a consequence, has found former Board member Craig Becker’s recess appointment in March 2010 invalid. In an opinion issued today in NLRB v. New Vista Nursing, the Third Circuit held that presidential recess appointments are only valid if they occur during the intersession break of the Senate, not during any…

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