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Howard M. BloomBlog Posts

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Employer’s Mandatory Arbitration Clause Waiving Employee’s Right to Sue in Court Upheld

A federal appeals court in New Orleans has overturned the National Labor Relations Board (NLRB) ruling that held an employer violated its workers’ rights by requiring them, as a condition of employment, to agree to resolve all employment-related disputes individually through arbitration. D.R. Horton, Inc. v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013). The … Continue reading Employer’s Mandatory Arbitration Clause Waiving Employee’s Right to Sue in Court Upheld
December 11, 2013

DOL’s Rule Redefining LMRDA ‘Advice Exception’ and Expanding Types of Activities Considered Persuasive and Reportable Expected in March 2014

Publication of the Department of Labor’s final revisions to the Labor-Management Reporting and Disclosure Act (LMRDA), requiring employers and others to report arrangements, receipts, and expenditures derived from providing services defined as persuasive activities, has been delayed until March 2014, according to the DOL’s latest regulatory agenda. The proposed revisions to the LMRDA would change … Continue reading DOL’s Rule Redefining LMRDA ‘Advice Exception’ and Expanding Types of Activities Considered Persuasive and Reportable Expected in March 2014
December 11, 2013

Former Board Member Richard Griffin Confirmed as NLRB General Counsel

The United States Senate, by a 55-44 vote, has confirmed President Obama’s appointment of Richard F. Griffin Jr. to serve as the National Labor Relations Board’s General Counsel. Griffin will replace Acting General Counsel Lafe Solomon who has served in this role since June 2010.  The confirmation vote took place on October 29. Griffin is … Continue reading Former Board Member Richard Griffin Confirmed as NLRB General Counsel
October 31, 2013

Criticism of NLRB General Counsel Continues

As part of what appears to be a regular recent occurrence, another NLRB Administrative Law Judge has issued a decision containing comments critical of the office of the NLRB’s Acting General Counsel.  (As you may recall from NLRB and its General Counsel Criticized by Administrative Law Judge, ALJs recently aggressively criticized the Acting General Counsel … Continue reading Criticism of NLRB General Counsel Continues
October 9, 2013

NLRB Issues Procedures to Apply During Government Shutdown

The National Labor Relations Board is temporarily closed due to a lapse in appropriated funds. Accordingly, the NLRB issued an order on October 1, 2013 postponing all elections and pre- and post-election hearings that have been scheduled between October 1, 2013 and October 11, 2013.  In the event of a continued closure, the order advised … Continue reading NLRB Issues Procedures to Apply During Government Shutdown
October 3, 2013

Federal Mediation and Conciliation Service Mediations Halted Because of Shutdown

Due to a lack of funding, Federal Mediation and Conciliation Service (FMCS) mediators are prohibited from attending mediation session until the government shutdown ends and funding is available, Jackson Lewis has learned.   According to the FMCS’s Contingency Plan for Agency Operations in the Absence of Appropriations, FMCS will continue to provide collective bargaining mediation services … Continue reading Federal Mediation and Conciliation Service Mediations Halted Because of Shutdown
October 1, 2013

NLRB Plans for Government Shutdown

In advance of the expected government shutdown at midnight tonight, the National Labor Relations Board has issued its “Contingency Plan for Shutdown in The Absence of Appropriations.”  According to the Plan, only NLRB business previously scheduled for the day of shutdown and which would cause serious disruption to the public if cancelled without notice would … Continue reading NLRB Plans for Government Shutdown
September 30, 2013

Hospital Commits Unfair Labor Practice by Unilaterally Changing Dress Policy and Failing to Respond to Union’s Information Request

A hospital violated the National Labor Relations Act when it changed its dress policy without first giving the union representing its nurses an opportunity to bargain and by failing to provide information the union requested regarding the policy, a National Labor Relations Board administrative law judge has found in Salem Hospital Corporation a/k/a The Memorial … Continue reading Hospital Commits Unfair Labor Practice by Unilaterally Changing Dress Policy and Failing to Respond to Union’s Information Request
September 26, 2013

NLRB and its General Counsel Criticized By Administrative Law Judges

Criticism of the NLRB is not confined to federal courts, members of Congress and others not connected to the agency.  Now, NLRB Administrative Law Judges are criticizing the NLRB’s General Counsel, and – if you can imagine it – even the NLRB for placing their activist agendas ahead of sound reasoning and respect for precedent.  … Continue reading NLRB and its General Counsel Criticized By Administrative Law Judges
September 18, 2013

Nomination of Former Board Member Griffin Approved by Senate HELP Committee

The nomination of former National Labor Relations Board Member Richard Griffin to be General Counsel of the NLRB has been approved by the Senate Committee on Health, Education, Labor, and Pensions.  The vote was 13-9.  If approved by the full Senate, Griffin, a former union lawyer, will replace Acting General Counsel Lafe Solomon. A full-Senate … Continue reading Nomination of Former Board Member Griffin Approved by Senate HELP Committee
September 18, 2013

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