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Howard M. BloomBlog Posts

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NLRB Files Petition for Writ of Certiorari in Noel Canning

Yesterday, as expected, the National Labor Relations Board filed its petition for a writ of certiorari in National Labor Relations Board v. Noel Canning, A Division of the Noel Corp, et al. in the United States Supreme Court. A copy of the petition is here.
April 26, 2013

Noel Canning: Congress Enters the NLRB Fray

The NLRB’s petition to the United States Supreme Court for review of Noel Canning is due April 25. The Supreme Court will be the most important battleground for resolution of the question whether President Barack Obama’s recess appointments of NLRB Members Sharon Block, Richard Griffin and former-Member Terence F. Flynn were constitutional. Even after the petition … Continue reading Noel Canning: Congress Enters the NLRB Fray
April 24, 2013

Union Withdraws Support for Affordable Care Act

The United Union of Roofers, Waterproofers and Allied Workers, which endorsed President Barack Obama in 2008 and 2012 and helped get health care reform passed in Congress, now is calling for repeal of the Affordable Care Act (ACA). Kinsey M. Robinson, Roofers Union President, issued the following statement: “Our Union and its members have supported … Continue reading Union Withdraws Support for Affordable Care Act
April 22, 2013

Labor Union Membership Not Immune to Job Losses

Many of the nation’s largest unions lost significant membership in 2012, according to annual financial disclosure reports filed with the U.S. Department of Labor, Bloomberg/BNA’s Daily Labor Report has reported. The 2012 reports show the following: Membership Losses Among Ten Largest U.S. Unions  Union Membership Decline Change National Education Association (NEA) 99,175 to 3.1 million -3% International … Continue reading Labor Union Membership Not Immune to Job Losses
April 17, 2013

OSHA Invites Union and Community Organizers into Non-Union Worksites

Organized labor may be very pleased with the Occupational Safety and Health Administration these days because of a recent Agency interpretation  that a non-union employee may select a non-employee who is “affiliated with a union” or with a “community organization” to act as his representative during an OSHA inspection of his employer’s worksite.  The interpretation … Continue reading OSHA Invites Union and Community Organizers into Non-Union Worksites
April 16, 2013

Noel Canning Update: NLRB Fights Back

NLRB authority is being challenged on several fronts following Noel Canning (for details on this decision, see RECESS APPOINTMENTS AT NLRB UNCONSTITUTIONAL, FEDERAL APPEALS COURT RULES. The following case, involving a representation petition filed at the NLRB by a union seeking to represent a group of an employer’s employees, is just one example.  District 1199J … Continue reading Noel Canning Update: NLRB Fights Back
April 15, 2013

Union Information Requests: Is Nothing Sacred?

One of the first things a newly-unionized employer learns about collective bargaining is that the NLRB gives the union broad rights to demand (and receive) sensitive and even confidential information regarding the company’s business.  Disclosure is required if the requested information is relevant to performance of the union’s responsibilities as the employees’ bargaining representative – … Continue reading Union Information Requests: Is Nothing Sacred?
April 15, 2013

President Obama Nominates Three to Labor Board

President Barack Obama today announced his intent to nominate current National Labor Relations Board Chairman Mark Pearce, as well as two newcomers, Harry L. Johnson III and Philip A. Miscimarra, as Members of the NLRB. Pearce, who has been the Board’s chairman since August 2011 and a member of the NLRB since March 2010, is … Continue reading President Obama Nominates Three to Labor Board
April 9, 2013

Fifth Circuit Pressed to Join Growing Court Rejection of NLRB’s D.R. Horton Decision

As we previously reported in this Blog, one of the more expansionist – and controversial – NLRB decisions of 2012 was D.R. Horton, 357 NLRB No. 184, in which the Board held that employers may not require as a condition of employment that employees agree to a blanket waiver of rights to pursue their employment … Continue reading Fifth Circuit Pressed to Join Growing Court Rejection of NLRB’s D.R. Horton Decision
April 8, 2013

Collectively Bargained Wage Increases Rise, but Remain Below Former Levels

One of the functions of experienced collective bargaining agreement negotiators and human resources professionals in unionized and union-free companies is to keep abreast of the labor market conditions locally and within his or her client’s industry. In unionized companies, having this information will assist these individuals in recommending a considered course of action at the … Continue reading Collectively Bargained Wage Increases Rise, but Remain Below Former Levels
April 8, 2013

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