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Howard M. BloomBlog Posts

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416 Reasons Why There is No Rest for the NLRB

When the U.S. Supreme Court decided in June that President Barack Obama’s three recess appointments to the National Labor Relations Board in January 2012 were invalid, NLRB Chairman Mark Gaston Pearce stated, “[The Board is] committed to resolving any cases affected by today’s decision as expeditiously as possible.” Now, the Board has issued a 21-page … Continue reading 416 Reasons Why There is No Rest for the NLRB
September 21, 2014

Republican Senators Propose to Make Significant Changes to NLRA

If two Republican United States Senators have their way, membership on the National Labor Relations Board will be increased from five to six, and other  significant changes will be made to the National Labor Relations Act. The “National Labor Relations Board Reform Act,” introduced on September 16 by Senators Lamar Alexander (R-TN) and Mitch McConnell … Continue reading Republican Senators Propose to Make Significant Changes to NLRA
September 18, 2014

Ray Rice Saga: Not Just About The Punishment Fitting the Crime

Ray Rice is covered by a collective bargaining agreement between the National Football League and the NFL Players Association.  Despite the seriousness of the incident involving the former Baltimore Ravens running back and his wife, it may have been against the “rules” for NFL Commissioner Roger Goodell to have increased Rice’s suspension from two games to … Continue reading Ray Rice Saga: Not Just About The Punishment Fitting the Crime
September 17, 2014

Ray Rice Saga: Not Just About The Punishment Fitting the Crime

The disturbing domestic violence incident involving former Baltimore Ravens running back Ray Rice and his wife may raise issues for professional football’s labor relations as well as Rice’s future career as a player. Rice was seen in a hotel video dragging his wife out of an elevator.  National Football League Commissioner Roger Goodell investigated and … Continue reading Ray Rice Saga: Not Just About The Punishment Fitting the Crime
September 17, 2014

Firings for Facebook Comments Unlawful, NLRB Rules

An employer violated the National Labor Relations Act by discharging two employees because of their participation in a Facebook discussion about their employer’s State income tax withholding mistakes, by threatening employees with discharge for their Facebook activity, by questioning employees about that activity, and by informing employees they were being discharged because of their Facebook … Continue reading Firings for Facebook Comments Unlawful, NLRB Rules
September 17, 2014

Employee’s Facebook ‘Like’ is Part of Concerted Activity: NLRB

An employee’s selection of the “Like” option under a former employee’s initial Facebook status update was “an expression of approval” of the initial status update it followed (and therefore part of concerted activity), but not of the entire topic of which the update was part as it existed at the time.  Therefore, the NLRB determined, … Continue reading Employee’s Facebook ‘Like’ is Part of Concerted Activity: NLRB
August 27, 2014

NLRB Precedent Not Binding after Noel Canning, Labor Board Judge Declares, Rejecting Claimed Dues Deduction Violation

In an unusual move, an NLRB administrative law judge has disregarded Board law and held that an employer that stopped dues deductions after the expiration of its collective bargaining agreement did not commit an unfair labor practice, dismissing an unfair labor practice complaint.  Lincoln Lutheran of Racine, 30-CA-11099 (JD-49-14 August 11, 2014) Relying on the United … Continue reading NLRB Precedent Not Binding after Noel Canning, Labor Board Judge Declares, Rejecting Claimed Dues Deduction Violation
August 14, 2014

NLRB Continues To Apply And Expand Specialty Healthcare

The NLRB has issued a long-awaited decision in Macy’s, Inc., 361 NLRB No. 4 (July 22, 2014).  In the case, the Board considered the application of its “micro-unit Specialty Healthcare decision in a retail setting.  The Board found appropriate a unit of only those employees working in Macy’s cosmetics and fragrance departments, excluding all other salespeople.  For … Continue reading NLRB Continues To Apply And Expand Specialty Healthcare
August 4, 2014

NLRB Ratifies Agency Actions Taken When Board Members Were Not Validly Appointed

While maintaining that “all the administrative, personnel and procurement matters taken by the Board [from January 4, 2012 to August 5, 2013] were timely and appropriate,” the National Labor Relations Board nevertheless has announced, “in an abundance of caution,” that it has unanimously ratified all administrative, personnel, and procurement matters taken by the Board during … Continue reading NLRB Ratifies Agency Actions Taken When Board Members Were Not Validly Appointed
August 4, 2014

Former Recess Appointee Block to be Renominated to NLRB

According to multiple reports, President Barack Obama has announced  his intention to renominate Sharon Block to the National Labor Relations Board. Block was one of the Board Members whose recess appointment on January 4, 2012 was invalidated in the U.S. Supreme Court’s ruling in NLRB v. Noel Canning as unconstitutional.  Block, a former labor and … Continue reading Former Recess Appointee Block to be Renominated to NLRB
July 14, 2014

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