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30 Apr 2012 Board Provides Guidance on Implementation of Quickie-Election Rules

On April 26, NLRB’s Acting General Counsel Lafe Solomon issued a detailed memorandum, outlining in detail how regional offices will implement the new representation election rules from beginning to end. The memorandum can be read in its entirety here. The General Counsel’s office also issued a set of Frequently Asked Questions, explaining the revised rules and procedures to be followed by the regions. The FAQ can be read here. Steve HernandezSteve L. Hernández is a partner in…

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30 Apr 2012 Employer Groups Fail in Attempt to Stay Quickie-Election Rules

On Saturday, April 28, the U.S. Chamber of Commerce and the Coalition for a Democratic Workplace’s (“Plaintiffs”) attempt to stay the implementation of the quickie-election rules that go into effect today was denied by the United States District Court for the District of Columbia’s Judge James E. Boasberg. In his brief minute order, Judge Boasberg denied the plaintiff’s Motion to Stay, filed on Friday, April 27, stating that “[a]ny injury to Plaintiffs is not irreparable because…

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30 Apr 2012 Brave New World

Today is the day that the NLRB’s new quickie election rules go into effect. These are significant changes to the election rules that organized labor has sought more decades. The changes will make it significantly harder for an employer to get an opportunity to get its message out once a petition has been filed. It will also increase the risks employers will have to take to campaign effectively after the petition is filed. There is…

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26 Apr 2012 NLRB Weekly Summary of Decisions: April 16-20, 2012

The National Labor Relations Board’s (NLRB) weekly summary of decisions for last week, April 16-20, 2012, is now available on the Board’s website. The summary can be accessed by clicking here. btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal issues, including news related to the NLRB and a variety of state issues.More Posts -…

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25 Apr 2012 Senate Rejects Republican Efforts to Overturn NLRB Union Election Rules

We recently reported that The White House was threatening to veto legislation aimed at overturning a controversial rule promulgated by the NLRB aimed at speeding up union elections. No need. The Senate has rejected a Republican led attempt to overturn the new regulations. The defeat in the Senate was hailed by several unions including the Teamsters. The Washington Post’s story can be accessed here.  btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg….

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24 Apr 2012 Would The White House Veto Legislation Just to Protect the NLRB?

The White House is threatening to veto legislation aimed at overturning a controversial rule promulgated by the NLRB aimed at speeding up union elections. According to the White House, “[i]f the president is presented with a Resolution of Disapproval that would reverse these measures adopted by the NLRB, his senior advisors would recommend that he veto the Resolution.” The full story from The Hill can be found here. btlaborBT Labor Relations is managed by the labor law attorneys…

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19 Apr 2012 NLRB Weekly Summary of Cases – April 9-13, 2012

The National Labor Relations Board’s (NLRB) weekly summary of decisions for last week, April 2-6, 2012, is now available on the Board’s website. The summary can be accessed by clicking here.   btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal issues, including news related to the NLRB and a variety of state issues.More Posts…

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18 Apr 2012 Senate Republicans to Challenge Recess Appointments in NLRB Lawsuit

Senate Minority Leader Mitch McConnell announced yesterday that the Senate Republicans had retained an attorney to file an amicus brief on their behalf in a case challenging the constitutionality of President Obama’s controversial recess appointments to the NLRB in January.  The case, Noel Canning v. NLRB, No. 12-1115, is currently pending before the D.C. Circuit Court of Appeals. It is one of several currently pending cases in which employers appealing an NLRB decision have raised or attempted…

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17 Apr 2012 Don’t Blink: D.C. Circuit Enjoins Enforcement of NLRB Notice Posting Rule

The D.C. Circuit Court of Appeals struck a blow, at least temporarily, against the NLRB’s controversial notice posting rule today by issuing an emergency injunction postponing application of the rule. The injunction will be in place while the D.C. Circuit considers an appeal from the D.C. District Court’s decision in March partially invalidating the rule. Although the district court’s March decision upheld the right of the NLRB to promulgate and require notice posting, its ruling struck…

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14 Apr 2012 Upon Further Review: A Different District Court Finds NLRB Posting Rule Unlawful

On April 13, Judge David C. Norton of the United States District Court for the District of South Carolina, Charleston Division, ruled that the NLRB’s final rule requiring the posting of a general notice informing employees of their Section 7 (of the National Labor Relations Act, the “NLRA”) rights exceeded the statutory rights of the NLRB, violated the Administrative Procedures Act and, thus, was unlawful.  In his decision, Judge Norton found that Section 6 of…

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