NLRB Counsel Corrects Answer to SCOTUS

The author of the aforementioned expansion of the joint-employer definition, lame-duck NLRB General Counsel Richard Griffin sent a letter to the United States Supreme Court (SCOTUS) this week to clarify and correct “a series of inaccurate answers” he gave during oral arguments on Monday in the case of NLRB v. Murphy’s Oil. The issue in…

Read More »

Senate Confirms Emanuel For Full NLRB

For the first time in quite a while, the National Labor Relations Board operated with a full complement of Directors this week as fifth Director William Emanuel was confirmed early this week by the United States Senate on a party-line vote of 49-47. Emanuel’s confirmation gives the 5-person Board a 3-2 republican majority for the…

Read More »

Joint Employer in the Crosshairs

The House’s  Workforce Protections subcommittee held a public hearing this week on the Save Local Business Act (HR.3441), a bill filed by Alabama republican Congressman Bradley Byrne and co-sponsored by 63 others even including a handful of democratic members. Notwithstanding the bipartisan support the bill has enjoyed, this memo from democratic congressional staff paints a…

Read More »

NLRB Appointment Updates

With the United States Senate back in session over one week now, we’re still awaiting its confirmation vote on NLRB nominee William Emanuel. Although Emanuel was nominated in June, one week after new NLRB member Marvin Kaplan (who was confirmed back in early August), his confirmation was stalled in the Senate due to his delay…

Read More »

US House Shortens Leash on Labor, NLRB

Earlier this week while deliberating the Labor-HHS-Education funding bill, the US House Committee on Rules advanced 58 different amendments, many of which significantly impact the Department of Labor and the National Labor Relations Board. The amendments, which were scheduled for debate on the House floor beginning yesterday, include funding reductions for the NLRB and restricting…

Read More »

Court OKs NLRB Standard

The D.C. Court of Appeals upheld Friday the National Labor Relations Board’s Specialty Healthcare ruling, which made it easier for unions to form smaller collective bargaining units. The 2011 decision by the NLRB opened the union organizing flood gates in many ways and gave birth to the notion of micro-unions. The new standard established by…

Read More »

Dismantle The NLRB?

The Circuit Court may have upheld the NLRB’s ruling in Specialty Healthcare, but the Competitive Enterprise Institute (CEI) didn’t let that get in the way of their report calling for the agency to be dismantled. Under the noble goal of shrinking government, the CEI released a report earlier this week calling for the functions of…

Read More »

More Change in the Air at NLRB

It seems that the broad subject of the NLRB has dominated our writings more than not over the past few months, and it will likely continue. Last week, the US Senate confirmed the nomination of Marvin Kaplan to fill the 4th spot on the Board and then went on its summer recess until Labor Day!…

Read More »

NLRB: One To Go

On Wednesday, the US Senate gave final confirmation to Marvin Kaplan, one of President Trump’s nominees to fill an open seat on the National Labor Relations Board. Kaplan, an attorney who has been serving as the Counsel for Occupational Safety and Health Review Commission since 2015 (he was appointed to the post by President Obama),…

Read More »

And Another Decision Overturned

It would seem that getting the full complement of NLRB Members in place and ridding it of Obama overreach may lighten the workload for the federal court system quite a bit. The U.S. Court of Appeals for the DC Circuit earlier this week overturned another NLRB decision that came out of Portland, Oregon. The management…

Read More »