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18 Jul 2013 CWA President Bashes Senate’s “Nuclear” Compromise

As pointed out by our colleagues Scott Witlin and John Koenig in articles below, the effect on employers arising out of the Senate’s compromise will turn on who the new appointees to the NLRB are. We now know that both of the Democratic nominees are solid pro-Union selections – the former Associate General Counsel for the AFL-CIO and the former Chief Counsel to NLRB Chairman Mark Pearce. Yet, the prospect of restoring the Board to its…

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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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17 Jul 2013 President Obama Consults with Trumka on New NLRB Nominees

Politico and other media outlets are reporting that President Obama’s administration consulted with AFL-CIO head Richard Trumka to come up with his two replacement nominees for the NLRB. This came about as part of a Senate deal to avoid the so-called “nuclear option” of changing the body’s filibuster rules in exchange for the President withdrawing the re-nomination of two current members who were originally installed through controversial recess appointments. Politico’s story can be found here. The President’s…

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16 Jul 2013 Is Nuclear Peace Treaty Near? – UPDATED

UPDATE: The Washington Post is now reporting that Senate leaders have reached a compromise. The Washington Post’s story can be found here.  As we reported last week, the Senate has been headed toward a showdown over President Obama’s nominees to the NLRB that have been held up by Senate Republicans. It now appears that a deal that will save the filibuster may be at hand. Numerous sources report Senators are “close” to a deal that would…

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10 Jul 2013 Will Union Payback Make Harry Reid Take the Senate Nuclear?

For nearly a decade, Congressional gridlock has fueled calls for the elimination of the Senate’s unique procedural accommodation of minority rights, the filibuster. Senate rules have long required that three-fifths of the Senators vote to end debate on most matters. As a practical matter, this limits the ability of the Senate to act, but it also serves as an important mechanism for moderating extreme proposals on either side of the political spectrum. Now Senate Majority Leader Harry…

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10 Jul 2013 DOL Indicates Final Rule Expanding Reporting Requirements for Labor Relations to Come In November

The Obama Administration released its spring Unified Agenda last week, which included an update on the Department of Labor’s controversial amendments to the Labor-Management Reporting and Disclosure Act (LMRDA) regulations. The proposed changes to the LMRDA’s “persuader rules,” which expand the reporting requirements for labor relations consultants, including attorneys in some situations, by narrowing the LMRDA’s definition of “advice,” were originally announced by the DOL in June 2011.  The DOL now indicates that it intends to issue a…

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10 Jul 2013 NLRB Partners With Justice Department’s Immigration Office

This week the Justice Department announced a partnership between its Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) and the National Labor Relations Board (NLRB). A memorandum of understanding allows the two agencies to share information, refer matters to each other, and coordinate investigations as appropriate.  According to the Justice Department, this arrangement will prevent employers from avoiding liability “just because an employee has turned to the wrong agency or is unaware of additional protections available under…

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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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08 Jul 2013 Michigan Supreme Court Won’t Give Advisory Opinion on Right-to-Work

Saying simply that “we are not persuaded that granting the request would be an appropriate exercise of the court’s discretion,” the Michigan Supreme Court on Friday denied Gov. Rick Snyder’s request that the high court render an advisory opinion about the constitutionality of Michigan’s new right-to-work law. Relying upon the provision in the state’s constitution’s that allows the governor to request the “opinion of the supreme court on important questions of law upon solemn occasions…

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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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