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Howard M. BloomBlog Posts

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Can NFL Players be Fired, Disciplined for Protesting During National Anthem?

President Donald Trump has suggested that the National Football League’s television ratings decline was caused by “fans seeing those people (players) taking the knee when they’re playing our great national anthem.” Trump has urged fans to “leave the stadium” when players kneel during the national anthem and suggested that NFL team owners fire players who...… Continue Reading The post Can NFL Players be Fired, Disciplined for Protesting During National Anthem? appeared first on Collegiate & Professional Sports Law Blog.
September 25, 2017

New Board Member Kaplan Sides With Pearce In First NLRB Decision

In what appears to be the first time he has participated in a National Labor Relations Board decision, new NLRB Member Marvin E. Kaplan, a Republican, has voted to deny an employer’s request to stay an election. He voted with Democrat Mark Gaston Pearce and contrary to Republican Philip Miscimarra. Kaplan was sworn in on … Continue Reading The post New Board Member Kaplan Sides With Pearce In First NLRB Decision appeared first on Labor & Collective Bargaining.
September 24, 2017

Management-Side Labor Law Attorney Peter Robb Nominated for NLRB General Counsel

As expected, Peter B. Robb has been nominated by President Donald Trump to become the National Labor Relations Board’s next General Counsel. Robb is a long-time management labor law attorney. If confirmed, Robb will succeed Richard F. Griffin, Jr., who has been GC since November 2013. Griffin’s term expires in November 2017. Among other responsibilities, … Continue Reading The post Management-Side Labor Law Attorney Peter Robb Nominated for NLRB General Counsel appeared first on Labor & Collective Bargaining.
September 19, 2017

Employers Take Note: Public’s Approval of Unions Goes Up, Gallup Reports

Apparently, reports of the demise of organized labor are greatly exaggerated. According to a Gallup poll conducted from August 2 to 6, 2017, 61% of adults answered that they approve when asked, “Do you approve or disapprove of unions?” This is the highest percentage since 2003, when 65% said they approve. While only 22% of … Continue Reading The post Employers Take Note: Public’s Approval of Unions Goes Up, Gallup Reports appeared first on Labor & Collective Bargaining.
September 8, 2017

Senate Confirms Kaplan for Vacant Board Seat, Moving NLRB Closer to Pro-Business Majority

The United States Senate has narrowly confirmed former counsel to the Commissioner of the Occupational Safety and Health Review Commission Marvin Kaplan to one of two vacant seats on the National Labor Relations Board. Kaplan’s confirmations leaves one vacant seat on the five-member Board. President Donald Trump has nominated management labor lawyer William Emanuel for … Continue Reading The post Senate Confirms Kaplan for Vacant Board Seat, Moving NLRB Closer to Pro-Business Majority appeared first on Labor & Collective Bargaining.
August 3, 2017

Change is Coming: Management-Side Labor Attorney Emanuel Nominated to Labor Board

President Donald Trump has nominated management labor attorney William Emanuel to fill one of the two vacant seats on the five-member National Labor Relations Board. Trump previously had nominated attorney Marvin Kaplan, counsel to the Commissioner of the Occupational Safety and Health Review Commission, for the other vacant seat. If Kaplan and Emanuel, Republicans, are … Continue Reading The post Change is Coming: Management-Side Labor Attorney Emanuel Nominated to Labor Board appeared first on Labor & Collective Bargaining.
July 6, 2017

President to Nominate Republican Attorneys to Fill Labor Board Vacancies

Attorneys Marvin Kaplan and William Emanuel will be nominated by President Donald J. Trump to fill the two openings on the five-member National Labor Relations Board, according to the Daily Labor Report. Trump plans to nominate Kaplan and Emanuel by June, following completion of their FBI background checks. If Kaplan and Emanuel are confirmed, the … Continue Reading The post President to Nominate Republican Attorneys to Fill Labor Board Vacancies appeared first on Labor & Collective Bargaining.
May 11, 2017

NLRB Won’t Create Rule Extending to Nonunion Workers Right to Have Union Rep at Disciplinary Interview

The National Labor Relations Board has decided not to exercise its discretionary authority to engage in rulemaking at this time to reverse the Board’s decision in IBM Corp., 341 NLRB 1288 (2004), and extend Weingarten rights to nonunion employees. In Weingarten, the Supreme Court held that an employee has a right to re­quest the attendance … Continue Reading The post NLRB Won’t Create Rule Extending to Nonunion Workers Right to Have Union Rep at Disciplinary Interview appeared first on Labor & Collective Bargaining.
May 4, 2017

Spending Bill Leaves NLRB Budget Unchanged From 2016, Nixes Electronic Voting

The National Labor Relations Board’s wish that its budget for fiscal year 2017 be increased over its FY 2016 budget apparently will not be granted. According to Politico, at $274.2 million, Congress has left the NLRB’s budget unchanged from FY 2016. This is despite NLRB General Counsel Richard Griffin’s view, stated in a March 10, … Continue Reading The post Spending Bill Leaves NLRB Budget Unchanged From 2016, Nixes Electronic Voting appeared first on Labor & Collective Bargaining.
May 1, 2017

Solicitor General Reviewing Government’s Position in Class Action Waivers Cases

Last week, the Supreme Court extended the deadline for initial briefs from April 28, 2017 to June 9, 2017 in three consolidated cases raising the issue whether arbitration agreements between individual employees and their employers that bar the employees from pursuing work-related claims on a collective or class basis are lawful under the National Labor … Continue Reading The post Solicitor General Reviewing Government’s Position in Class Action Waivers Cases appeared first on Labor & Collective Bargaining.
May 1, 2017

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