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

Uncategorized | btlabor

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?

Uncategorized | btlabor

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

Uncategorized | btlabor

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

Uncategorized | btlabor

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

Uncategorized | btlabor

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

Uncategorized | Scott Witlin

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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13 Apr 2012 Operating Engineers Local 150 Lay Out Their Legal Arguments Against the RTW Law in Court

Uncategorized | Adam Bartrom

As we have previously addressed (both here and here), the International Union of Operating Engineers Local 150 has filed a complaint in federal court challenging Indiana’s new right-to-work law on constitutional grounds.  On March 7, 2012, the State of Indiana filed a motion to dismiss for lack of subject matter jurisdiction. In response, the Union has come forth with its opposition and arguments that the right-to-work law violates the constitutions of the United States and Indiana….

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13 Apr 2012 NLRB Weekly Summary: April 2-6, 2012

Uncategorized | btlabor

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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11 Apr 2012 Employers Asking for Social Media Passwords: Will We Ever See the NLRB Chime In?

Uncategorized | Adam Bartrom

Our colleague Bill Nolan published an article yesterday for TLNT.com addressing the recent brouhaha about employers asking for applicants’ Facebook passwords. The article, titled “Take A Deep Breath: It’s Not Ridiculous to Ask For Social Media Passwords” discusses various employment issues triggered by an employer’s password requests and complements the traditional labor issues discussed in this week’s earlier post. This article also got us thinking about unanswered questions which arise in the traditional labor context, i.e., could this constitute union surveillance and…

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09 Apr 2012 Another One Bites the Dust

Uncategorized | Gerald Lutkus

The NLRB has continued its assault on employer social media policies and a recent Administrative Law Judge ruling from the Board further complicates the issue. The Acting General Counsel, in his various reports on the Board’s social media cases, has made it clear that employers need to include disclaimers in their policies that nothing in the policy is meant to interfere with employee Section 7 rights.   However, a San Francisco-based ALJ, in a lengthy opinion…

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