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08 May 2013 An Extension of <i>Noel Canning</i>? Becker Appointment in Jeopardy too

Yesterday in its NAM v. NLRB decision which struck down the NLRB posting rule, the D.C. Circuit observed a further possible extension of its earlier Noel Canning decision, noting that under the reasoning of Noel Canning, Member Craig Becker’s recess appointment to the NLRB would also be considered invalid.  In the course of its opinion, the D.C. Circuit stated “To the extent that Noel Canning applies—we assume, without deciding, that it does—Becker’s appointment was constitutionally…

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08 May 2013 <i>Noel Canning</i> be damned: NLRB holds D.C. Circuit Decision Does Not Require Complaint Dismissal

On April 30, 2013, the NLRB for the first time in a decision addressed the D.C. Circuit’s controversial Noel Canning decision and held that it does not prevent the agency from continuing to act while the case is litigated. In Bloomingdale’s Inc., 359 NLRB No. 113 (April 30, 2013), the employer filed a Motion to Dismiss arguing that based on the Noel Canning decision that President Obama’s recess appointments to the NLRB were invalid, all…

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07 May 2013 NLRB Suffers 2nd Major Defeat As D.C. Circuit Invalidates Posting Rule

The Court of Appeals for the D.C. Circuit today struck down one of the centerpieces of the Obama Administration’s Labor agenda when it invalidated the NLRB’s rule requiring employers to post an NLRB-drafted “Notification of Employee Rights under the National Labor Relations Act.”  Under that rule, employers failing to post the notice would be subject to an unfair labor practice charge. The D.C. Circuit today held that the NLRB departed from its “historic practice” and…

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06 May 2013 D.C. Circuit Calls Out NLRB For “Interpretive Leap”

Pro-employer interests received an energizing shot in the arm from a recent D.C. Circuit opinion. In Flagstaff Medical Center Inc. v. NLRB, the D.C. Circuit Court of Appeals was reviewing the NLRB’s 2011 ruling that the company president’s remarks that “I would not be negotiating with the union” or “”you won’t be negotiating with me” constituted threats that unionization would be futile and were evidence of anti-union animus. The D.C. Circuit disagreed, stating that “[t]he…

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06 May 2013 A Weekly Summary of NLRB Decisions for April 22-26, 2013

The National Labor Relations Board (NLRB) has updated their website with a summary of decisions for the week of April 22-26, 2013. The summary of NLRB decisions can be accessed by visiting the NLRB’s website here, or by clicking on the link below. National Labor Relations Board: Summary of Decisions – April 22-26, 2013 Gerald LutkusGerald F. (“Jerry”) Lutkus is a partner in the South Bend office of Barnes & Thornburg LLP where he is…

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01 May 2013 Department of Justice Files Writ of Certiorari with U.S. Supreme Court in Noel-Canning Case

The Solicitor General of the United States, Donald B. Verrilli, has filed a Writ of Certiorari on behalf of the National Labor Relations Board (the NLRB), asking the Supreme Court to review the decision by the D.C. Circuit, which we discussed here. In the Writ of Certiorari, Verrilli asks the Court to overturn the D.C. Circuits decision, which found President Obama’s recess appointment to the NLRB unconstitutional, on the grounds that… 1. “[t]he court of…

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01 May 2013 Indiana Court of Appeals Overturns Employer’s Common Construction Wage Victory

We rarely see reported decisions on the common construction wage, so William Wressell v. R.L. Turner Corporation caught our eye. In this case, the Indiana Court of Appeals this month ruled that summary judgment was inappropriately entered for an employer on an employee’s claim that he was paid under the wrong job classification. Two items are of some note in the opinion. First, the trial court had struck from the summary judgment record eight paragraphs…

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30 Apr 2013 OSHA: Non-Union Employees May Designate Union Reps as “Representative” During Inspection

In what amounts to a significant explansion of the existing regulations and OSHA’s own internal Field Operations Manual into the arena of labor and management relations, a recently-released OSHA Interpretation letter states that anyone may be designated by workers at a non-union facility as their “representative” during an OSHA inspection. Our latest Labor & Employment Alert takes a closer look at OSHA’s Interpretation letter and what employers can expect going forward. As the Alert suggests,…

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19 Apr 2013 NLRB Weekly Summary of Decisions for April 8-12, 2013

The National Labor Relations Board’s (NLRB) weekly summary of decisions for April 8-12, 2013 is now available on the Board’s website. The summary of NLRB decisions can be accessed by visiting the NLRB’s website here or clicking on the link below. NLRB’s Weekly Summary of Decisions for April 8-12, 2013. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment…

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19 Apr 2013 New Source for Information: Michigan Hires Right-to-Work Specialist

Now that Right to Work is a reality in Michigan, the State has hired a labor specialist to assist in implementing the laws, which went into effect March 28. Travis Calderwood was hired by the Michigan Bureau of Employment Relations in February to field questions from those who want to know more about the operation of the new law. Mr. Calderwood recently gave MLive an interview answering certain common questions. Employers with additional questions can contact…

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