Senate Panel Advances NLRB Nominees
On Wednesday, the Senate Committee on Health, Education, Labor and Pensions (HELP) voted to send the nominations of Mark Gaston Pearce (D), Sharon Block (D), Richard Griffin (D), Harry I. Johnson, III (R) and Philip A. Miscimarra (R) to the full Senate for consideration. While the votes in favor of Johnson and Miscimarra were unanimous, the Committee voted 18-4 in favor of Pearce, and 13-9 in favor of Block and Griffin. The votes approving Block and Griffin were the most divisive, as they are the two members seated via recess appointment in January 2012. Federal courts are divided as to the constitutionality of these appointments, a matter that is likely headed to the Supreme Court.
Last week the Committee held a more extensive hearing to discuss the nominees. Many of the same arguments both for and against the nominees made last week were reiterated during Wednesday’s executive session. On the whole, Republican members of the Committee expressed more concern about seating Block and Griffin and suggested that it would be better if they resigned and allowed President Obama to name two new Board appointees in their stead.
It is believed that all five nominees will be presented to the Senate as a package. Although Democrats hold a narrow majority in the Senate, it is uncertain whether they would be able to muster the 60 votes needed to thwart a potential filibuster of the nominations. At the end of August, Chairman Pearce’s term expires.
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The three National Labor Relations Board members up for reconsideration and two new Board nominees faced pointed questions from the Senate Committee on Health, Education, Labor and Pensions (HELP) on Thursday. Last month,
Before adjourning for a week-long recess, lawmakers in both the House and Senate introduced several bills addressing labor union and National Labor Relations Board activity.
On Friday the House of Representatives narrowly passed the Preventing Greater Uncertainty in Labor-Management Relations Act (
President Obama has
The Senate approved a budget resolution last week that omits an amendment that would have withheld funds from the National Labor Relations Board to prevent it from enforcing decisions or regulations issued after three members were seated to the Board via recess appointment on January 4, 2012. In the wake of the
The U.S. House Committee on Education and the Workforce approved along party lines the Preventing Greater Uncertainty in Labor-Management Relations Act (
On March 20, the House Committee on Education and the Workforce will hold a meeting to vote on the Preventing Greater Uncertainty in Labor-Management Relations Act (
The National Mediation Board (NMB) has made revisions to its
During the past two weeks, measures were introduced in the House and Senate that address such topics as the minimum wage, employment taxes, labor-management relations and National Labor Relations Board Authority, wage and hour restrictions, and medical marijuana. A brief summary of new legislation is as follows:
As a result of the
In addition to the many
Following the U.S. Court of Appeals for the D.C. Circuit’s finding in Noel Canning v. NLRB that President Obama’s three January 2012
In a decision that could potentially invalidate hundreds of Board decisions, the U.S. Court of Appeals for the D.C. Circuit has held that President Obama’s three recess appointments to the NLRB were unconstitutional. In the decision,
The number of unionized workers in both the public and private sectors fell again in 2012, continuing a downward trend, according to a
The 113th Congress hit the ground running by introducing – and reintroducing – various labor- and employment-related bills during its first week in session. It is expected that over the next few months new and returning members of the House of Representatives and Senate will inundate their chambers with measures they hope to see signed into law. While many of these bills will inevitably fail to advance, this blog will periodically provide a brief roundup of the most interesting or controversial measures introduced over the course of the legislative term. Because the House of Representatives is still controlled by Republicans and the Senate by Democrats, the most divisive bills have little chance of advancing. The following measures were introduced during the first week of January 2013:
The National Mediation Board (NMB) has issued its
President Obama has nominated
The NLRB General Counsel’s Division of Advice has issued opinions in two cases (available
On Wednesday the House Subcommittee on Health, Employment, Labor, and Pensions held a hearing to discuss three legislative proposals to amend the National Labor Relations Act (NLRA). During the hearing – Examining Proposals to Strengthen the National Labor Relations Act – members of the subcommittee and panelists debated the merits of the
In a ruling that will affect how unions conduct business and collect fees, the
The National Labor Relations Board has created a
On Tuesday, the National Mediation Board (NMB) held a public hearing to discuss the agency’s
On May 31, the House of Representatives agreed to remove language contained in an appropriations bill that would have restricted the use of project labor agreements (PLAs) in military construction contracts. The measure at issue,
On Saturday, National Labor Relations Board member Terence Flynn
The National Mediation Board (NMB) has announced that it will hold at least one day of public hearings to discuss the agency’s proposed rule that would implement the
On Friday, the House of Representatives
In light of
The National Mediation Board (NMB) has issued a
In a long-awaited ruling, the U.S. District Court for the District of Columbia has found the National Labor Relations Board’s
On Thursday, May 10, 2012, the House of Representatives
On April 26, 2012, Sen. Marco Rubio (R-FL) introduced legislation that would amend the National Labor Relations Act (NLRA) to permit employers whose workplaces are governed by collective bargaining agreements to award their employees with additional wages or other compensation for their job performance. A week earlier, Rep. Todd Rokita (R-IN) introduced the Rewarding Achievement and Incentivizing Successful Employees (RAISE) Act (
In anticipation of the April 30, 2012 implementation date for the new National Labor Relations Board
A measure designed to prevent the National Labor Relations Board’s new
Following a
A South Carolina federal court has ruled that the National Labor Relations Board lacked the authority to promulgate its
On March 29, 2012 Sen. Tom Harkin (D-IA) introduced a bill that seeks to make substantial changes to the workplace. Like the expansive
On March 7, 2012, lawmakers reintroduced two measures in the Senate, both of which would amend the National Labor Relations Act (NLRA), but they serve different objectives. One bill is sponsored by Republican Senator Jim DeMint (R-SC), and the other is a Democrat- sponsored bill. The National Right-to-Work Act (
UPDATE: Plaintiffs filed notice on March 5, 2012 that they are appealing the decision upholding the Board’s authority to issue its notice posting rule and moved to enjoin enforcement of the rule while the appeal is pending. On March 7, 2012, the district court denied plaintiffs’ motion for an injunction pending appeal.
On February 16, 2012, Republican members of both the House and Senate introduced resolutions (
On February 13, 2012 President Obama formally
As a preemptive strike against further development of a National Labor Relations Board representation election rule, Rep. Sandy Adams (R-FL) has introduced a bill that would prohibit the Board from requiring employers to provide to the union or Board employee telephone numbers or email addresses. The Keeping Employees' Emails and Phones (KEEP) Secure Act (
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As expected, the House of Representatives approved the
The U.S. Department of Agriculture has withdrawn a controversial rule that would have required contactors to certify that they and their subcontractors and suppliers are in compliance with all applicable labor laws. The contracting clause, reminiscent of the Clinton Administration “blacklisting” regulation, was
In keeping with information published as part of the National Labor Relations Board’s
In its most recent effort to draw lines on the self-described “hot topic” of the “lawfulness of employers’ social media policies and rules,” the National Labor Relations Board’s (NLRB) Office of General Counsel has taken the position that many policy provisions commonly seen in employers’ social media policies violate the National Labor Relations Act (NLRA). This most recent shot across the bow came on January 24, 2012, in the form of a
Last Friday leaders of the House and Senate reportedly came to an agreement on the terms of the Federal Aviation Administration (FAA) reauthorization bill concerning how the National Mediation Board (NMB) will conduct representation elections and issue new rules. The NMB is the independent agency that oversees union representation, collective bargaining, and dispute resolution matters in the rail and airline industries.
As expected, members of the House of Representatives opposed to the
The President’s move to seat three new members to the National Labor Relations Board
On January 4, 2012, President Obama announced his intention to make three recess appointments to the National Labor Relations Board. According to the White House
Anticipating the loss of a quorum next week, the National Labor Relations Board has issued a
Days after a U.S. District Court judge for the D.C. Circuit suggested that the National Labor Relations Board
The same day the National Labor Relations Board (NLRB) released its
During oral argument in a lawsuit challenging the National Labor Relations Board’s
Both the House and Senate have passed a massive
President Obama has
In an unprecedented development, and by a 2-1 vote, the National Labor Relations Board on November 30, 2011, approved a resolution to prepare a final rule adopting a subset of the controversial election rule amendments the Board published for comment in June 2011. The two-member majority was made up of Chairman Mark Pearce and Member Craig Becker, both of whom come from union backgrounds. The Board's lone Republican, Member Brian Hayes, voted against the resolution, criticizing the proposed amendments and the process by which they had been vetted as fundamentally flawed.
The Department of Agriculture’s Office of Procurement and Property Management has issued a
As expected, the House of Representatives on Wednesday approved the Workforce Democracy and Fairness Act (
The National Labor Relations Board has
The House of Representatives has set the stage for future debate and vote on the Workforce Democracy and Fairness Act (
The National Labor Relations Board has
On Thursday Sen. Johnny Isakson (R-GA) introduced the Representation Fairness Restoration Act (
Anticipating that the National Labor Relations Board may be left with only two sitting members come January, the agency has issued an
The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a
The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a
On Wednesday, the House Committee on Education and the Workforce voted 23-16 along party lines to send the Workforce Democracy and Fairness Act (
During a
Legislation introduced by House Committee on Education and the Workforce Chairman John Kline (R-MN) would effectively undo the criteria used to determine an appropriate bargaining unit established by the National Labor Relations Board’s
During a
The same week the House
As expected, the House of Representatives voted
The National Labor Relations Board has made available for download a copy of the .jpg)
When the House of Representatives returns from its August recess it plans to take up a number of bills designed to repeal various labor- and employment-related regulations and agency actions. According to a
On August 25, 2011, the National Labor Relations Board issued a final rule entitled
While Hurricane Irene churned up the East Coast this weekend, quieter, albeit significant changes were taking place at the National Labor Relations Board. Long-time Board member and Chairman Wilma Liebman’s term expired on Saturday, August 27. Fellow Democratic member
The National Labor Relations Board’s Office of the General Counsel has released a
Likely in response to the National Labor Relations Board’s
UPDATE: On July 21, 2011, the House Committee on Education and the Workforce approved this bill by a vote of 23-16 along party lines.
On Thursday, July 7, 2011, the House Committee on Education and the Workforce held a hearing –
According to the Department of Labor’s
DOL estimates
In a move consistent with organized labor’s push for an accelerated collective bargaining process for airlines and railroads, the National Mediation Board (NMB) announced the implementation of its
The NLRB’s Office of the General Counsel has issued a new
On Friday the House of Representatives approved by a
Rep. Phil Roe (R-TN) has reintroduced the Secret Ballot Protection Act (SBPA) (
A bill that would repeal the provisions in the National Labor Relations Act (NLRA) and the Railway Labor Act (RLA) that permit employers and unions to draft agreements requiring union membership and payment of union dues or fees a condition of employment was reintroduced in the Senate on Tuesday. Sen. Jim DeMint (R-SC) introduced the National Right-to-Work Act (
Early Saturday morning, the House of Representatives approved by a 235-189 margin the Full-Year Continuing Appropriations Act (
The DOL’s Office of Labor Management Standards (OLMS) has
On Wednesday, the full House Committee on Education and the Workforce held a
The House Subcommittee on Health, Employment, Labor and Pensions
Although the pace has slowed somewhat, lawmakers continue to introduce new labor and employment legislation. The following bills have been introduced during the second month of the 112th Congress:
On January 27, Sen. Jim DeMint (R-SC) reintroduced the Secret Ballot Protection Act (SBPA) (
Although it is considered a long-shot attempt, President Obama is trying once again to
On Wednesday, the House Committee on Education and the Workforce held a
Despite the initial focus on
On Friday, John Lund, Director of the Office of Labor-Management Standards (OLMS), conducted an
President Obama has
On December 22, 2010, the National Labor Relations Board published a
On Monday the Department of Labor (DOL) will publish its
With its December 6 decision in
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) will issue an
As expected, the Senate defeated a motion to advance the Public Safety Employer-Employee Cooperation Act of 2010 (PSEECA) (
Sen. Harry Reid (D-NV) this week reintroduced the Public Safety Employer-Employee Cooperation Act of 2010 (PSEECA) (
Tuesday's historic election radically changed the composition of Congress and the balance of power in Washington. While a few election results are still trickling in, Republicans are projected to gain around 60 seats in the House of Representatives, regaining majority control. Democrats will still control the Senate, albeit with a much slimmer margin. Senate Republicans will increase their numbers from 41 to 47 seats, with the outcome of the race in Washington still uncertain. Whether the shift in power in Congress produces compromise or gridlock remains to be seen. What is clear is that this new political landscape will necessarily alter the Obama Administration's labor and employment agenda. For more information on what employers can expect during the remaining weeks of the 111th Congress and the next Congress, continue reading Littler’s ASAP:
Speculation has increased in many quarters that components of the Employee Free Choice Act may be implemented administratively given organized labor’s failure to achieve legislative progress. The most recent warning signal came during a Boston labor law conference held on October 21, when National Labor Relations Board (NLRB) member Mark Gaston Pearce, a Democrat appointee, opined that the time period between the filing of an election petition and the election itself should be “as brief as possible.” Under EFCA, organized labor sought the elimination of any election period through its card check proposal in order to effectively silence employers attempting to educate employees with regard to unionization and the impact of any decision to unionize. Continue reading this entry at Littler's
According to a recent Wall Street Journal article, on October 7 the AFL-CIO, in conjunction with an affiliate group Working America, will launch a searchable online database of more than 400,000 employers that allegedly have outsourced jobs and/or violated workers’ rights. To learn more about this development, please
Many have speculated that the National Labor Relations Board may seek to implement through the Board’s processes certain aspects of the Employee Free Choice Act in lieu of legislative action. To wit, in a move that partially implements EFCA’s “enhanced enforcement” provisions, the NLRB Office of the General Counsel (GC) has put into place a program designed to streamline and expedite the process of seeking preliminary injunctions from federal courts in cases involving employee discharges during union organizing campaigns. Continue reading this entry at Littler’s
President Obama has announced that he plans to nominate Thomas M. Beck (R) to be a member of the National Mediation Board (NMB). The NMB is an independent federal agency tasked with facilitating labor-management relations in the airline and railroad industries. Specifically, the NMB manages the dispute resolution process involving collective bargaining disputes in this transportation sector. If confirmed, Beck is expected to replace fellow Republican Elizabeth Dougherty, whose term expired on June 30. Also serving on the three-member NMB is Chairman Harry Hoglander (D) and Member Linda Puchala (D). Continue reading this entry at Littler's
As the NLRB regained its five-member status, it set to task at the back log of cases awaiting it. On August 27, 2010 it decided
After serving eight years on the National Labor Relations Board (NLRB or “Board”), Member Peter C. Schaumber (R) has left the agency now that his second term has expired. Notably, for 27 months Schaumber served as one of only two members of the Board, issuing rulings in approximately 600 unfair labor practice cases during that period. The U.S. Supreme Court in
As has been anticipated in labor circles since President Obama took office, on Tuesday, the National Labor Relation Board (NLRB or “Board”)
Ending a four-year schism, the
The Department of Labor’s Office of Labor-Management Standards (OLMS) has published a
On Tuesday, supporters of the Democracy is Strengthened by Casting Light on Spending in Elections (DISCLOSE) Act (
Late last week, the Senate rejected advancing the supplemental appropriations bill approved by the House of Representatives (
The Air Transport Association of America (ATA) has filed a notice of appeal in its lawsuit challenging the National Mediation Board’s (NMB) new controversial
The National Labor Relations Board (“NLRB” or “Board”) has
In the wake of the recent
Late Thursday, the House of Representatives approved the
A recent report published by the Congressional Research Service (CRS) has called into question lawmakers’ claims that the Constitution’s commerce clause provides legislators the authority to enact the Public Safety Employer-Employee Cooperation Act (PSEECA) (
On Friday, a federal court judge issued an
On June 24, 2010, the U.S. Supreme Court issued a pro-employer opinion in
The National Labor Relations Board’s (NLRB) general counsel (GC) has issued
On Tuesday, the Senate
The Office of Federal Contract Compliance Programs (OFCCP) has issued a
Potentially invalidating hundreds of National Labor Relations Board (NLRB or “Board”) decisions, the U.S. Supreme Court has held that the National Labor Relations Act (NLRA) requires that the NLRB must operate with at least three members in order to exercise its full authority. In
On June 9, 2010, the National Labor Relations Board (NLRB or “Board”) made a move wholly consistent with its anticipated commitment to implementing “significant change.” Specifically, the Board revealed that it is exploring the future use of electronic and internet voting in representation elections. Pursuant to longstanding secret ballot election standards, no such electronic or internet means for casting votes (remote or otherwise) in a Board-conducted election is recognized as permissible. As the controversial and newest Board Members Craig Becker and Mark Pearce start getting situated among their two sitting colleagues, the NLRB’s efforts to alter well-settled Board election standards seem to be in full swing.
The New York Regional Office of the National Labor Relations Board (NLRB) has dismissed a petition filed by the Graduate Student Organizing Committee (GSOC/UAW Local 2110) seeking union recognition for NYU graduate student teaching and research assistants. According to a
Ronald Meisburg, General Counsel (GC) to the National Labor Relations Board (NLRB), plans to leave the Board eight weeks shy of the end of his term in order to enter private practice. A former management-side lawyer, Meisburg was seated via recess appointment as a Board member in 2004, and as General Counsel in 2006. Meisburg, after the Senate confirmed his nomination in August 2006, was to serve as GC until August 14, 2010. His vacancy will allow President Obama to appoint his own choice to fill this position, which has been held by a Republican since 2001. In March, Obama used the recess appointment process to seat Democrats
On Monday, the Department of Labor’s Office of Labor-Management Standards (OLMS) held a
The Department of Labor’s Office of Labor Management Standards (OLMS) will publish in tomorrow’s Federal Register a
The National Labor Relations Board (NLRB or “Board”) is inviting “all interested parties” to file amicus briefs in pending cases involving whether employers should be required to electronically post Board-ordered remedial notices, and whether the Board should routinely order compound interest on back pay and other monetary awards in unfair labor practice (ULP) cases. The NLRB considers these issues to be “significant” for employees, employers and unions.
The same day the National Mediation Board (NMB) published a
The Department of Labor’s (DOL) Office of Labor Management Standards (OLMS) has launched the
The Department of Labor’s (DOL) Office of Labor Management Standards (OLMS) announced its
In tomorrow’s edition of the Federal Register, the National Mediation Board (NMB) is set to publish a
The Graduate Student Organizing Committee (GSOC/UAW Local 2110) has filed a petition with the National Labor Relations Board (NLRB) demanding union recognition for NYU graduate student teaching and research assistants. In a
Service Employees International Union’s (SEIU) secretary-treasurer, Anna Burger, has withdrawn her candidacy for union president, all but ensuring that 
In tomorrow’s edition of the Federal Register, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) will publish a
Despite increasing opposition, President Obama on Saturday
On Thursday, all 41 Republican senators signed a letter written by Senators Orrin Hatch (R-UT) and John McCain (R-AZ) urging President Obama not to appoint Craig Becker to be a member of the National Labor Relations Board (NLRB) over the upcoming two-week recess.
It is becoming increasingly likely that controversial National Labor Relations Board (NLRB) nominee Craig Becker will be appointed as a Board member over the upcoming Congressional recess. According to an article in the
According to a
Coming one day after the
On Tuesday, the Senate rejected advancing the nomination of Craig Becker to serve as a member of the National Labor Relations Board (NLRB). Becker’s proponents failed to garner the 60 votes needed to limit debate over his nomination and allow a confirmation vote to occur. The 52-33 vote took place less than a week after the Senate Health, Education, Labor and Pensions (HELP) Committee approved Becker’s nomination by a party-line 13-10 margin.
Due to the massive snowstorm that hit the Washington, D.C. area over the weekend, the cloture vote on Craig Becker’s nomination to be a member of the National Labor Relations Board (NLRB) has been rescheduled to Tuesday at 5:00 pm. At least 60 votes are needed to lift the blanket hold Sen. Richard Shelby (R-Ala.) put on his nomination, among others, and effectively limit debate. Unless Becker can garner the requisite 60 votes – made more difficult now that Scott Brown has been sworn in as the Senate’s 41st Republican – it is expected that those opposed to Becker will filibuster to prevent a confirmation vote.
By a party-line vote of 60-37, the Senate has confirmed the nomination of Patricia Smith to be the U.S. Solicitor of Labor. The Senate Health, Education, Labor and Pensions (HELP) Committee had approved her nomination on October 7, but controversy arose when Sen. Mike Enzi (R-Wyo.) accused Smith of making inconsistent statements during her confirmation hearing in May 2009. At issue was Smith’s testimony regarding the New York
On Thursday, the Senate Committee on Health, Education, Labor and Pensions (HELP) voted 13-10 along party lines in favor of Craig Becker’s nomination to be a member of the National Labor Relations Board (NLRB). This vote follows a
On Tuesday, the Senate Committee on Health, Education, Labor and Pensions (HELP) held a
In tomorrow’s Federal Register, the Department of Labor’s Office of Labor-Management Standards (OLMS) will issue a notice of proposed rulemaking (
On February 2 at 4:00 pm, the Senate Committee on Health, Education, Labor and Pensions (HELP) will hold a hearing on the controversial nomination of
President Obama’s State of the Union Address may be more notable for its omissions than its content. Not once in the hour and ten minute speech did Obama mention organized labor, even though a large portion of the Address was dedicated to job creation efforts. Claiming that jobs must be the “number one focus of 2010,” Obama outlined a number of initiatives to advance this aim, none of which directly promoted union membership.
On Wednesday, President Obama
A reported deal has been reached between the White House and union leaders regarding the proposed 40 percent excise tax on high cost (“Cadillac”) healthcare plans for inclusion in the final healthcare overhaul bill. This tax – first appearing in the Senate version of the legislation – is favored by President Obama, but has been heavily criticized by both House Democrats and organized labor.
Speaking yesterday at the National Press Club, AFL-CIO president
Although there has been no official White House announcement, The New York Times has
A
Today, the Supreme Court released its opinion in
As we reported on November
The Department of Defense (DoD) has
On the heels of its
The U.S. Supreme Court has agreed to decide whether the National Labor Relations Board (NLRB) has the authority to decide cases with only two sitting members. The Court has granted a petition to review the decision in
Despite a great deal of protest from several Republicans and the business community, the Senate Committee on Health, Education, Labor and Pensions (HELP) voted 15 to 8 to approve the nominations of Craig Becker, Mark Pearce, and Brian Hayes to be members of the National Labor Relations Board (NLRB). President Obama named
The Senate approved by a vote of 68 – 30 an
On Tuesday, the Senate is scheduled to vote on an amendment (
On Tuesday Sen. Arlen Specter (D-PA) released some long-awaited details of an amended version of the Employee Free Choice Act (EFCA) that he believes “will meet labor’s objectives” and garner sufficient Congressional support. Speaking before the AFL-CIO Constitutional Convention, Specter predicted that a re-vamped version of EFCA will be passed this year. As reported in
Labor Secretary Hilda Solis told attendees of the AFL-CIO Constitutional Convention in Pittsburgh today that she will work with the White House to “make the strongest case possible for the Employee Free Choice Act” and reiterated her position that the Department of Labor (DOL) “is once again back in the enforcement business.” Her
When Congress resumes next week, consideration of the Employee Free Choice Act (EFCA) will likely be pushed aside in favor of healthcare reform. According to an
Senators Judd Gregg (R-NH) and Edward Kennedy (D-MA) have reintroduced a bill that would provide firefighters, police officers, and emergency medical personnel with collective bargaining rights in states and localities that do not currently provide them. The Public Safety Employer-Employee Cooperation Act (
Pursuant to President Obama’s Executive Order (EO):
Even though the highly controversial Employee Free Choice Act (EFCA) has lost support and one of its main components – card check recognition – reportedly is on the verge of being eliminated, the State of Hawaii has chosen another path and has enacted a bill resembling the EFCA in almost every respect. On July 15, the state overrode Governor Linda Lingle’s veto and passed