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Howard M. BloomBlog Posts

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House Committee Speaks Up Regarding Proposed Changes to LMRDA Advice Exception

As you may recall, in April, 2013, the House passed H.R.1120, the “Preventing Greater Uncertainty in Labor-Management Relations Act,” by a 219-209 vote.  See, “Noel Canning: Congress Enters the NLRB Fray.” Now the House once again has expressed its dissatisfaction with the Administration’s handling of labor issues, this time regarding the United States Department of Labor’s … Continue reading House Committee Speaks Up Regarding Proposed Changes to LMRDA Advice Exception
June 6, 2013

ALJ Finds Law Firm Associate is Statutory Supervisor, Unprotected by NLRA

An employer generally is prohibited by the National Labor Relations Act from enforcing a rule prohibiting employees from discussing their wages and benefits with one another. However, individuals who are considered to be supervisors under the NLRA are not protected by the Act. In a case of first impression involving the supervisory status of attorneys in … Continue reading ALJ Finds Law Firm Associate is Statutory Supervisor, Unprotected by NLRA
June 4, 2013

NLRB Tells Fourth Circuit Appeals Court Notice-Posting Rule Entitled to Great Deference

The NLRB has relied on a Supreme Court decision validating the Federal Communications Commissions’ rulemaking authority to support its appeal of an April, 2013 decision by the United States District Court for the District of South Carolina decision striking down the NLRB’s notice posting rule. Chamber of Commerce v. National Labor Relations Board. The federal District Court held … Continue reading NLRB Tells Fourth Circuit Appeals Court Notice-Posting Rule Entitled to Great Deference
June 4, 2013

NLRB Decertification Elections Decrease, But Unions Lose More Often

According to Bloomberg BNA’s NLRB Elections Statistics, Year-End 2012 Report, the National Labor Relations Board reported 228 decertification elections in 2012 — the lowest total in many years. (A decertification election is an NLRB-conducted election in which employees who are represented by a union vote on whether they want to continue to be represented.) Of those … Continue reading NLRB Decertification Elections Decrease, But Unions Lose More Often
May 23, 2013

Third Circuit Court of Appeals Decides Craig Becker’s Appointment to NLRB Was Invalid

On May 16, 2013, the United States Court of Appeals for the Third Circuit ruled that Craig Becker’s appointment to the National Labor Relations Board was invalid in NLRB v. New Vista Nursing and Rehabilitation, LLC, Nos. 11-3440, 12-1027 and 12-1936 (3rd Cir. May 16, 2013). The Court held that the Presidential recess appointment power … Continue reading Third Circuit Court of Appeals Decides Craig Becker’s Appointment to NLRB Was Invalid
May 20, 2013

NLRB’s Division of Advice Finds Direct Dealing in Workers Compensation Settlement Process

Under the National Labor Relations Act, an employer is not permitted to bypass a union and deal directly with employees in connection with their terms and conditions of employment. This direct dealing concept can become complicated, however, when an individual employee asserts a legal proceeding against the employer in which the employee’s union is not … Continue reading NLRB’s Division of Advice Finds Direct Dealing in Workers Compensation Settlement Process
May 17, 2013

D.C. Circuit Court of Appeals Strikes Down NLRB Posting Rule

On May 7, 2013, the National Labor Relations Board’s rule which would have required all employers covered by the National Labor Relations Act to post a notice informing workers of their rights under the Act was struck down by the U.S. Court of Appeals for the District of Columbia Circuit in National Association of Manufacturers … Continue reading D.C. Circuit Court of Appeals Strikes Down NLRB Posting Rule
May 7, 2013

Complaint over Working in Unsafe Neighborhood Protected, NLRB Finds, Rejects Entrapment Defense

Employers may be interested in a recent post on the Jackson Lewis LLP Workplace Resource Center discussing a recent NLRB decision about  protected concerted activity.  Click here for more information.
May 3, 2013

When Is a Recess Really a Recess? Writing the Next Chapter of the Noel Canning Saga

As you read here  last week, the National Labor Relations Board has asked the Supreme Court to review the decision in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013). Noel Canning is the celebrated case in which the federal appeals court for Washington D.C. held that President Obama’s controversial 2012 NLRB recess appointments exceeded … Continue reading When Is a Recess Really a Recess? Writing the Next Chapter of the Noel Canning Saga
May 3, 2013

A Harbinger? National Labor Relations Board Awards Medical Expenses

The NLRB’s recent decision in Norquay Construction, Inc., 359 NLRB No. 93 (April 15, 2013) has caused some concern. Some of the facts in Norquay are somewhat unusual: a union agent who wanted to uphold so-called “area standards” and was being ejected from the employer’s construction site was found to have fallen down stairs upon … Continue reading A Harbinger? National Labor Relations Board Awards Medical Expenses
May 3, 2013

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