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This morning, the U.S. Supreme Court issued a surprising 5-4 decision holding that the previously short-staffed National Labor Relations Board (NLRB) acted without authority over the two years it had only two members. As a result, more than 500 opinions decided by that Board are now invalid and will need to be readdressed. In addition […]
On March 27, President Barack Obama announced his intent to use his constitutional power to make appointments while Congress is in recess to appoint Democrat Craig Becker to the National Labor Relations Board (NLRB). This is the first time the President has used recess appointments. Becker, a union attorney, has been a controversial nominee since […]
The National Labor Relations Board (NLRB) celebrated the 75th anniversary of the National Labor Relations Act (NLRA), which created the Board. Commenting on the stalled so-called Employee Free Choice Act (EFCA), Chairman Wilma Liebman noted that congressional inaction on the EFCA may contribute to the “flip-flopping” with which the Board has been accused. She also […]
Through the first part of the summer, there were no major developments regarding the Employee Free Choice Act (EFCA). Essentially, both sides were maintaining the same positions. There have been, of course, occasional releases of “studies” and proposals by ostensibly neutral parties, but those volleys were the political equivalent of random shots exchanged by military […]
by Brian R. Garrison By now, most everyone has heard about organized labor’s biggest priority, the Employee Free Choice Act (EFCA) — an unprecedented attempt by labor unions to organize non-union employers. But while the EFCA has garnered the lion’s share of media attention, a recent less publicized change may have a similar impact on […]
The changes promised by the Obama administration are beginning to take hold at the federal agencies regulating the workplace. Typically, the change in leadership can be a strong predictor of the changes in policies and directions that will be pursued by a new administration. Not surprisingly, the changes that already have occurred suggest that we […]