Tag: NLRB

High court agrees to hear NLRB recess appointments case

The U.S. Supreme Court has agreed to hear an appeal in Noel Canning v. NLRB. In the Noel Canning case, the U.S. Court of Appeals for the District of Columbia Circuit ruled that three of President Barack Obama’s so-called recess appointments to the National Labor Relations Board (NLRB) were unconstitutional. Without the three appointees, the […]

Another setback for NLRB’s proposed posting rule

by Brian R. Garrison Continuing what has been a recent trend, the U.S. Court of Appeals for the District of Columbia Circuit has issued another decision against the National Labor Relations Board (NLRB). On May 7, the court determined the Board’s proposed rule mandating that employers display posters explaining employee rights under the National Labor […]

Workplace investigations 101: What to do when employee makes an allegation

Workplace investigations typically start with an allegation. Perhaps an employee makes a complaint about another employee or manager. Or perhaps he or she advises of an employee harassing another employee. Regardless of the specifics of the allegation at hand, there are some steps that employers should always take at the start of the process. Having […]

DC insight: NLRB undaunted, EEOC empowered

by Sophie E. Zdatny Recently, the Employers Counsel Network (ECN) met in Alexandria, Virginia, where several notable speakers stopped by to provide their insights on current developments in the employment arena at the national level and to share their predictions for President Barack Obama’s second term. This is the second post in a three-part series […]

Senate to consider Obama’s NLRB nominations

The U.S. Senate is expected to consider President Barack Obama’s five nominations to the National Labor Relations Board (NLRB) after its Memorial Day recess. The Senate Health, Education, Labor, and Pensions (HELP) Committee voted on May 22 to approve the nominees, moving the confirmation process to the full Senate. The nominees up for Senate confirmation […]

Another NLRB recess appointment ruled invalid

Nearly four months after an appeals court ruled that recess appointments to the National Labor Relations Board (NLRB) made in 2012 were invalid, another appellate court has ruled a previous recess appointment unconstitutional. The U.S. 3rd Circuit Court of Appeals ruled May 16 in NLRB v. New Vista Nursing & Rehab. that President Barack Obama’s […]

NLRB nominees face opposition during Senate committee hearing

On May 16, President Barack Obama’s nominees to the National Labor Relations Board (NLRB) went before the Senate Health, Education, Labor and Pensions Committee, and the two nominees who were selected as recess appointees in 2012 failed to impress the committee’s ranking member, Senator Lamar Alexander. Alexander (R-Tennessee) said he would oppose the nominations of […]

Business groups applaud ruling against NLRB poster

Probusiness groups are cheering a new ruling from the U.S. Court of Appeals for the District of Columbia Circuit that represents another blow to the National Labor Relations Board (NLRB). The appeals court, which issued another ruling against the NLRB in January, ruled on May 7 that the Board exceeded its authority in its effort […]

Can You Forbid Discussions of Salary and Pay?

Much as most employers would like to impose a ban on discussion of pay—not to suggest that there are embarrassing inequities in your pay structure—it’s not legal because the NLRB (National Labor Relations Board) says it interferes with Section 7 rights.

Employer Violated NLRA by Firing Workers for Facebook Postings

Clothing retailer Bettie Page must reinstate three terminated employees with back pay and rescind an unlawful handbook rule, said the National Labor Relations Board in affirming a lower court’s finding that the employer violated several provisions of the National Labor Relations Act. The NLRB agreed that the employer violated the NLRA’s prohibition of unfair labor […]