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02 Sep 2015 Another Noel Canning Rubber Stamp – Obama NLRB Overturns 1962 Case and Holds that Dues Checkoff Duty Now Continues Beyond Contract Expiration

In WKYC-TV, Inc., 359 NLRB No. 30 (2012) the Obama NLRB overturned Bethlehem Steel, 136 NLRB 1500 (1962), that for more than 50 years stated the rule that when a collective bargaining agreement expired the employer’s obligation to follow the agreement’s dues checkoff provision ceased. The Supreme Court’s decision in NLRB v. Noel Canning, 134 S. Ct. 2550 (2014), however, meant that the decision in WKYC-TV could not stand because, at the time of its decision,…

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20 Feb 2015 Ripples of Noel Canning Continue

Following the U.S. Supreme Court’s invalidation of the appointments of three NLRB members last year in NLRB v. Noel Canning, 134 S.Ct. 2550 (2014), the NLRB has had to address the ramifications of that decision on the agency’s actions taken during the time the NLRB had no quorum due to the invalid appointments. The NLRB has acknowledged that Noel Canning requires it to re-hear and re-issue decisions on several still pending cases where one or…

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26 Nov 2014 NLRB Advice Memo follows Alan Ritchey on Discretionary Discipline, Despite Nullification by Noel Canning

In an Advice Memo released last week, the NLRB General Counsel continued to apply the Board’s controversial decision in Alan Ritchey, 359 NLRB No. 40 (2012), which required employers to bargain before making discretionary discipline decisions in certain first contract situations where there is no contract or grievance procedure in place.  The Alan Ritchey decision was nullified by the U.S. Supreme Court’s Noel Canning decision in June, because Members Sharon Block and Richard Griffin, whose recess…

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04 Aug 2014 NLRB Ratifies All Administrative Actions in Wake of Noel Canning Decision

The NLRB announced today that on July 18, 2014, it unanimously ratified all administrative, personnel and procurement matters taken by the Board from January 4, 2012, to August 5, 2013. That covers the time period when the Board did not have a lawful quorum per the United States Supreme Court decision in NLRB v. Noel Canning. This decision covers only actions such as the appointment of certain Regional Directors, Administrative Law Judges and restructurings of…

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26 Jun 2014 NLRB CHAIR RESPONDS TO NOEL CANNING DECISION

  In the wake of the Supreme Court’s decision in Noel Canning earlier today, NLRB Chair Mark Gaston Pearce issued the following statement:   “The Supreme Court has today decided the Noel Canning case. We are analyzing the impact that the Court’s decision has on Board cases in which the January 2012 recess appointees participated. Today, the National Labor Relations Board has a full contingent of five Senate-confirmed members who are prepared to fulfill our…

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14 Jan 2014 Supreme Court Hears <i>Noel Canning</i> Oral Argument

The Supreme Court wasted no time Monday getting to the “important stuff” on its first day of oral arguments in 2014. The Court heard argument in the Government’s appeal of the decision of the United States District Court of Appeals for the D.C. Circuit which held that the White House acted unconstitutionally when it appointed three members to the NLRB as “recess appointments” Most commentators among those present for the argument are saying that it…

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24 Oct 2013 Unlawful to Condition Bargaining on the Result in Noel Canning

Can you condition bargaining with a Union on an agreement that the deal is off if the Supreme Court affirms the Noel Canning decision? An Administrative Law Judge (ALJ) for the NLRB this week said absolutely not. In Professional Transportation Inc., #12-CA-101034, Administrative Law Judge William Nelson Cates held that the company violated its duty under the NLRA to bargain in good faith when it insisted on conditional bargaining with the Teamsters. The union filed…

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18 Jul 2013 Obama’s New NLRB Nominees and <i>Noel Canning</i>

As we previously reported, a deal has been struck to avoid the so-called “nuclear option” of changing the body’s filibuster rules in exchange for President Obama withdrawing the re-nomination of two current members who originally were installed through controversial recess appointments. As we reported here, the United States Supreme Court recently agreed to hear the controversy over these recess appointments. The case the Court agreed to hear is NLRB v. Noel Canning. The President’s new nominations will be Nancy…

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09 Jul 2013 Ole! The 6th Circuit Side-Steps the Noel Canning Challenge and Issues Pro-Employer Ruling on “Supervisor” Issue

Just before the Fourth of July, the 6th Circuit delivered a favorable ruling for employers while avoiding the quicksand of Noel Canning.  In GGNSC Springfield LLC v. NLRB, No. 12-1529 (6th Cir. July 2, 2013), the Sixth Circuit reversed the Regional Director’s decision and found that a number of Registered Nurses (RNs) were supervisors for purposes of the NLRA thereby relieving the employer of the obligation to collectively bargain with the RNs. The Court found that the RNs…

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05 Jul 2013 The NLRB Continues to Ignore Noel Canning

The issue of whether the NLRB has the authority to continue to do business was front and center this week while the Board adamantly insists that the D.C. Circuit’s decision in Noel Canning does not strip it of its authority to act. Cablevision Systems, Inc.: Cablevision Systems Inc. petitioned the U.S. Supreme Court to enter an emergency stay blocking the NLRB from proceeding with an administrative hearing against it on a complaint filed by an…

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