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Howard M. BloomBlog Posts

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Will High Court Put to Rest Labor Board Recess Appointments Controversy?

After the D.C. Circuit held the recess appointments to the NLRB unconstitutional (Recess Appointments at NLRB Unconstitutional, Federal Appeals Court Rules), we began to speculate about the Board’s next move. The Board is now appealing that ruling to the U.S. Supreme Court. Read about it at Healthcare Workplace Update: NLRB Recess Appointment Question to be … Continue reading Will High Court Put to Rest Labor Board Recess Appointments Controversy?
April 5, 2013

RECESS APPOINTMENTS AT NLRB UNCONSTITUTIONAL, FEDERAL APPEALS COURT RULES

National Labor Relations Board Members Sharon Block, Richard Griffin, and former Member Terence F. Flynn were not properly named to the Board as recess appointees by President Barack Obama at the beginning of 2012, the U.S. Court of Appeals for the District of Columbia Circuit has ruled. Noel Canning v. NLRB et al., Nos. 12-1115 … Continue reading RECESS APPOINTMENTS AT NLRB UNCONSTITUTIONAL, FEDERAL APPEALS COURT RULES
January 25, 2013

UNION NEUTRALITY AGREEMENTS TO BE SCRUTINIZED IF CERTIORARI GRANTED IN FLORIDA CASE

The U.S. Supreme Court has been asked to decide whether a neutrality agreement between a Florida greyhound track and a union improperly delivered a “thing of value” in violation of the Labor Management Relations Act. Traditionally, when a union has sought to organize the employees of an employer and the employer decided it wanted to … Continue reading UNION NEUTRALITY AGREEMENTS TO BE SCRUTINIZED IF CERTIORARI GRANTED IN FLORIDA CASE
January 25, 2013

NLRB OFFICE OF GENERAL COUNSEL RELEASES OPERATIONS STATISTICS FOR 2012

The National Labor Relations Board’s Office of the General Counsel has released its annual “Summary of Operations (Fiscal Year 2012).”   According to the Summary, the General Counsel’s office exceeded some of its goals and did not meet others. Here are several notable statistics from the Summary: Initial union representation elections (elections to determine whether a union will … Continue reading NLRB OFFICE OF GENERAL COUNSEL RELEASES OPERATIONS STATISTICS FOR 2012
January 22, 2013

NLRB Overrules Precedent on Disclosure of Witness Statements to Unions

The National Labor Relations Board has overruled long-standing precedent and decided it would no longer automatically find exempt from disclosure to a union a written statement by an employee-witness. Instead, the NLRB in Piedmont Gardens, 359 NLRB No. 46 (12/15/12), decided it will apply a balancing test to determine whether such statements should be produced. The … Continue reading NLRB Overrules Precedent on Disclosure of Witness Statements to Unions
January 3, 2013

NLRA Handbook Disclaimers May Be Effective After All, Board’s General Counsel Suggests

A recent Memorandum from the National Labor Relations Board’s General Counsel’s Office Division of Advice may cause employers to consider including a National Labor Relations Act-related disclaimer in their employee handbook or human resources policies. In Cox Communications, 17-CA-087612 (2012), the employer’s social media policy contained three provisions, the legality of which had been challenged … Continue reading NLRA Handbook Disclaimers May Be Effective After All, Board’s General Counsel Suggests
December 27, 2012

NLRB Releases Important End-of-Year Decisions

In a flurry of activity coinciding with the end of the term of National Labor Relations Board Member Brian Hayes (whose term ended on December 16), the NLRB has issued significant decisions relating to concerted activity conducted on social media, a newly unionized employer’s ability to discipline employees, and an  employer’s obligation to continue dues … Continue reading NLRB Releases Important End-of-Year Decisions
December 21, 2012

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