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14 Jan 2012 Business Groups Seek to Overturn NLRB Recess Appointments

The National Right to Work Legal Defense and Education Foundation Inc. and other business groups are using their pending lawsuit seeking to block the new NLRB Employee Notice Rules as a vehicle to scuttle the President’s recent recess appointments to the NLRB. The NRTW, the National Federation of Independent Business, the Coalition for a Democratic Workplace, and two small businesses have sued to block the employee notice rule. But Friday, the plaintiffs moved to amend their complaint to…

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13 Jan 2012 Supreme Court Further Undermines <i>D.R. Horton</i>’s Shaky Foundation

Just a few days following the NLRB’s controversial decision in D.R. Horton that called into question the validity of employment arbitration provisions, the United States Supreme Court issued a ruling that may spell trouble for the NLRB’s position. By issuing an 8-1 vote on Jan. 11, 2012, the Supreme Court reversed the Ninth Circuit and reaffirmed its position that the FAA established a federal policy favoring arbitration. CompuCredit Corp. v. Greenwood.   CompuCredit involved a purported…

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12 Jan 2012 Did the White House Just Accidently Torpedo The Quickie Election Rules?

On Jan. 4, 2012 President Obama announced the recess appointment of three members to the NLRB and set-off a small firestorm over executive authority. The president’s position is that the Senate was not still in session because the “pro forma” sessions it had been holding since Dec. 20, 2011 (during which the Senate is gaveled into order for a few seconds before recessing again) were nothing more than a sham. The White House issued a statement declaring “gimmicks…

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12 Jan 2012 Obama Board Expands Information Request Morass

By another 2-1 decision, the Democratic majority NLRB ruled on Jan. 3, 2012 that a union is entitled to information that is not presumptively relevant without the need to explain its “reasonable belief” that the information sought is necessary for, and relevant to, the performance of it’s statutory duties.    Board law has long held that presumptively relevant information must be provided to a union upon its request. With respect to information that is not presumptively relevant, the Board…

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12 Jan 2012 NLRB Weekly Summary: January 3-6, 2012

The National Labor Relations Board’s (NLRB) weekly summary of decisions for last week, January 3-6, 2012, is now available on the Board’s website. You can access the report 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 Jan 2012 NLRB Back to Full Strength with Pro-Union Majority

The NLRB has returned to its full complement of five Board members. Board Chairman Mark Gaston Pearce administered the oath of office this week to recess appointees Sharon Block (D), Terence F. Flynn (R) and Richard F. Griffin (D). They join Pearce and Republican Brian Hayes. This marks the first time since August 2010 that the Board has all five of its posts filled. The swearing-in means that the controversial and sweeping changes in the…

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10 Jan 2012 Compulsory Unionization Pushback Week

This week shaping up as a big week for news about compulsory unionization. As noted in previous blog posts that can be found here and here, the Indiana state legislature is taking up a right to work law that would criminalize union security agreements. The measure should come up for a vote in both houses of the legislature. On Monday, Democratic Representatives ended their three day boycott which could permit a vote on the measure….

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07 Jan 2012 Board Finds Certain Arbitration Agreements Violate NLRA

Although his term is over, the reverberations of Member Becker’s recess appointment term continue. In another seemingly novel decision, if not one at odds with recent U.S. Supreme court precedent, a NLRB majority comprised of Members Pearce and Becker reversed an ALJ’s decision and ruled that an arbitration agreement containing a class action waiver violated the NLRA because it infringed on the right employees have to “engage in concerted action for mutual aid or protection.”…

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06 Jan 2012 A Short Update on the Indiana Right-To-Work Legislation

Indiana’s Republican House leader has promised to move quickly on the controversial right-to-work legislation. A joint committee hearing held today represents the first major step for the measure this legislative session.  Most of the hearing (beginning at 9 a.m. and concluding at 2:30 p.m.) was taken up by testimony of proponents, opponents, and follow-up questions from committee members. The Senate Pensions and Labor Committee approved the measure 6-4.  The measure will now move on to the full Senate for…

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06 Jan 2012 Best Lawyer’s Lawyer of the Year, Howard D. Fabrick Joins Barnes & Thornburg

We don’t often use this blog to toot our own horn. However, in keeping with the New Year we thought it appropriate to announce a significant new addition to our growing Los Angeles Office.   Howard D. Fabrick has joined the firm’s Los Angeles office as a partner in the Labor and Employment Law Department and Entertainment and Music Practice Group. Howard previously was a partner in the Los Angeles office of Akin Gump Strauss Hauer &…

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