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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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14 May 2013 Under Pressure: Unions Espouse New Organizing Models and Take Action

Back in March, AFL-CIO President Richard Trumka summarized his view of the state of union representation in America: “To be blunt, our basic system of workplace representation is failing to meet the needs of America’s workers by every critical measure.” Last week in a Washington Post Op-Ed, this view was echoed by columnist and long-time advocate of big labor’s policies Harold Meyerson. Meyerson identified an “existential problem” facing unions, which are continuing to see membership…

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10 May 2013 6th Circuit Upholds Michigan Law Which Bars Schools from Collection Union Dues

The 6th Circuit in Bailey v. Callahan, decided Thursday, May 9, has vacated an injunction entered by the District Court and has upheld Michigan’s Public Act 53 which prohibits Michigan’s public schools from assisting in the collection of dues and service fees for unions. The Court summarized the Union’s First Amendment challenge to the statute in this way: “Unions engage in speech (among many other activities); they need membership dues to engage in speech; if…

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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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