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Howard M. BloomBlog Posts

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White House and Senate Close to Deal on NLRB Nominees

Politico.com is reporting that the Senate and the White House may be close to a deal on President Obama’s package of nominees to the NLRB.  Two of the nominees who are seen as the most pro-labor, Sharon Block and Richard Griffin, would be dropped and two other nominees substituted.  The deal also would include votes … Continue reading White House and Senate Close to Deal on NLRB Nominees
July 16, 2013

Federal Agencies to Cooperate to Increase Prosecutions for Immigration Related Unfair Employment Practices and Unfair Labor Practice Charges

The United States Department of Justice announced on July 8, 2013 that its Civil Rights Division’s Office of Special Counsel for Immigration – Related Unfair Employment Practices (OSC) has entered into a Memorandum of Understanding (MOU) with the National Labor Relations Board that will allow both agencies to share information, to refer matters to each … Continue reading Federal Agencies to Cooperate to Increase Prosecutions for Immigration Related Unfair Employment Practices and Unfair Labor Practice Charges
July 11, 2013

Splitting Hairs on Statements Relied Upon to Support Withdrawal of Recognition

An employer failed to demonstrate a loss of majority support for a union and unlawfully withdrew recognition  when it  relied in part  on employees’ written statements that they no longer wished to be union members, an Administrative Law Judge (ALJ) of the National Labor Relations Board ruled.  See Pacific Coast Supply, LLC, 2013 NLRB LEXIS … Continue reading Splitting Hairs on Statements Relied Upon to Support Withdrawal of Recognition
June 24, 2013

New Court Challenge to NLRB’s Authority to Act

The National Labor Relations Board is facing a new court challenge to its authority.  Daycon Products Company, Inc. has petitioned the United States Supreme Court to rule on whether former NLRB member Craig Becker’s recess appointment to the NLRB was lawful, and therefore, whether the NLRB’s decision (in which Becker’s participation was needed for a … Continue reading New Court Challenge to NLRB’s Authority to Act
June 24, 2013

Supreme Court Grants Review in Card-Check Neutrality Case

The U.S. Supreme Court has just granted certiorari in a case involving use of card check neutrality agreements in a labor context. United Here Local 355 v. Mulhall, No. 12-99. Although not as significant as the Noel Canning NLRB recess appointment case for which the Supreme Court also granted review this morning, this issue is … Continue reading Supreme Court Grants Review in Card-Check Neutrality Case
June 24, 2013

Supreme Court Will Review Noel Canning Decision

The United States Supreme Court has granted the NLRB’s petition for writ of certiorari in NLRB v. Noel Canning, et al. In granting the petition, the Court wrote: The petition for a writ of certiorari is granted. In addition to the questions presented by the petition, the parties are directed to brief and argue the following … Continue reading Supreme Court Will Review Noel Canning Decision
June 24, 2013

NLRA Amendments Introduced in Congress

Republican legislators have proposed amendments to the National Labor Relations Act (NLRA) that would ensure employees’ right to a secret ballot election to select a union and relax the burden of proof for an employer seeking to expand the union’s petitioned-for voting unit. One bill, the “Secret Ballot Protection Act,” introduced in the U.S. House … Continue reading NLRA Amendments Introduced in Congress
June 18, 2013

Fourth Circuit Strikes Down NLRB Notice-Posting Rule

The U.S. Court of Appeals for the Fourth Circuit has just ruled that the NLRB exceeded its authority by issuing the NLRB Notice Posting rule. The Court upheld the District Court decision to grant summary judgment to the U.S. Chamber of Commerce in the lower court proceeding. This is the second circuit court to strike … Continue reading Fourth Circuit Strikes Down NLRB Notice-Posting Rule
June 14, 2013

Union Election Victory is Burned by “You’re Toast” Comment by Third Party with Apparent Authority

The National Labor Relations Board has unanimously set aside a union’s representation election victory because of threats by a former employee who, the Board decided, had “apparent authority” to speak for the union. See Bellagio, LLC, 359 NLRB No. 128 (May 31, 2013). The employer operates a hotel and casino in Las Vegas, Nevada. The union filed … Continue reading Union Election Victory is Burned by “You’re Toast” Comment by Third Party with Apparent Authority
June 13, 2013

L.A. County Must Provide Non-Union Employees’ Home Addresses, Phone Numbers to Union, California Supreme Court Rules

In a decision of significance for public and private employers, the California Supreme Court has ruled Los Angeles County must provide the union representing its employees under an “agency shop” agreement with the home addresses and telephone numbers of all county employees, including non-union employees. Employers may be interested in a recent post on the … Continue reading L.A. County Must Provide Non-Union Employees’ Home Addresses, Phone Numbers to Union, California Supreme Court Rules
June 6, 2013

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