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From the category archives: GA - NLRB
The federal government reopened on Oct. 17 after at 16-day shutdown and agencies that either weren’t operating or were only partially operating during that time are back up and running. Here is some information on what ABC members can expect from a few of the agencies post-shutdown.
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ABC Sept. 19 sharply criticized pending regulatory proposals from the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) in response to a hearing held by the U.S. House of Representatives Committee on Education and the Workforce Subcommittee on Health, Employment, Labor and Pensions. The hearing, titled, “The Future of Union Organizing,” and ABC’s letter highlighted the Obama administration’s efforts to eliminate employer involvement in the union representation process.
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The U.S. Court of Appeals for the D.C. Circuit Sept. 4 became the second court to deny a request by the NLRB to review a decision to invalidate the NLRB’s August 2011 “Notification of Employee Rights” rule. Under the rule, employers would have been required to display a poster in their workplace that contained a biased and incomplete list of employee rights under the National Labor Relations Act.
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As of July 30, the National Labor Relations Board (NLRB) is fully staffed and the new members are likely to pursue issues the NLRB did not complete in past years, many of which are designed to facilitate or expedite the union organizing process.
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The National Labor Relations Board has petitioned for re-hearings in both courts that struck down its August 2011 “Notification of Employee Rights” rule. Under the rule, employers would have been required to display a poster in their workplace that contained a biased and incomplete list of employee rights under the National Labor Relations Act.
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The U.S. Senate voted July 30 in favor of five presidential nominees to the National Labor Relations Board (NLRB). They included new members Nancy Schiffer (D) and Kent Hirozawa (D), as well as NLRB Chairman Mark Pearce (D), who was reconfirmed. Two Republicans, Harry Johnson III (R), Philip Miscimarra (R), were also confirmed by voice vote.
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The U.S. Court of Appeals for the Fourth Circuit agreed with two other courts July 17 by ruling the president violated the Constitution when he bypassed the U.S. Senate to make recess appointments to the National Labor Relations Board (NLRB).
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As part of a deal to avert a “nuclear option” to end filibuster rules in the U.S. Senate, the nominations of Richard Griffin and Sharon Block to the NLRB were withdrawn. Griffin and Block were two of the members illegally recess appointed to the board by President Obama in 2012. They were renominated by the president in February.
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The U.S. Supreme Court announced on June 24 that it will be reviewing a lower court ruling that President Obama’s early 2012 “recess” appointments of three members to the National Labor Relations Board (NLRB) were unconstitutional. The court likely will hear the case this fall.
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The National Labor Relations Board’s (NLRB) August 2011 “Notification of Employee Rights” rule was struck down by the U.S. Court of Appeals for the Fourth Circuit on June 14, making it the second appellate court to invalidate the rule this year.
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