Tag: NLRB decisions

NLRB Challenges Overly Broad Confidentiality and Non-Disparagement Provisions in Severance Agreements

Recently, the National Labor Relations Board (NLRB) issued an important decision in which it ruled that employers who offer severance agreements to employees with broad non-disparagement or confidentiality provisions violate Section 8(a)(1) of the National Labor Relations Act (NLRA). What do employers need to know about this recent development in labor law? Background Section 7 of the […]

Call For End to Captive Audience Meetings Signals More Change Ahead At NLRB

A memorandum sent to National Labor Relations Board (NLRB) field offices calling for an end to mandatory meetings in which employees must listen to an employer’s side during a union campaign points to more union-friendly actions to come, according to attorneys who advise employers on labor matters. The NLRB on April 7 announced the memorandum in which […]

NLRB Says Contract Bar Is Here to Stay

The National Labor Relations Board (NLRB) recently affirmed it will continue to follow and enforce the long-established “contract-bar doctrine,” which provides unions with protection from ouster during most of a collective bargaining agreement’s (CBA) effective period.

Senate ready to take up NLRB nominations

by Tammy Binford The full Senate is expected to vote on all five nominations to the National Labor Relations Board (NLRB) within the next few days, a move that could give the NLRB its full membership confirmed by the Senate for the first time in more than a decade. The Senate Committee on Health, Education, […]

High court agrees to hear NLRB recess appointments case

The U.S. Supreme Court has agreed to hear an appeal in Noel Canning v. NLRB. In the Noel Canning case, the U.S. Court of Appeals for the District of Columbia Circuit ruled that three of President Barack Obama’s so-called recess appointments to the National Labor Relations Board (NLRB) were unconstitutional. Without the three appointees, the […]

Another NLRB recess appointment ruled invalid

Nearly four months after an appeals court ruled that recess appointments to the National Labor Relations Board (NLRB) made in 2012 were invalid, another appellate court has ruled a previous recess appointment unconstitutional. The U.S. 3rd Circuit Court of Appeals ruled May 16 in NLRB v. New Vista Nursing & Rehab. that President Barack Obama’s […]

Obama urges swift confirmation of new NLRB nominees

The National Labor Relations Board (NLRB), crippled by a January court ruling against two recess appointees, has the potential to get back to full strength if the Senate confirms nominations President Barack Obama made April 9. Previous attempts to fill the NLRB have failed over congressional opposition to Board actions and Obama’s nominees. On April […]

NLRB wants Supreme Court review of recess appointments decision

The National Labor Relations Board (NLRB) announced on March 12 it will ask the U.S. Supreme Court to review an appeals court decision that says the appointment of two Board members is invalid. In consultation with the Justice Department, the NLRB said it intends to file a petition by the April 25 deadline for Supreme […]

Court ruling puts NLRB future in jeopardy

A court ruling has put the brakes on the National Labor Relations Board (NLRB) and possibly invalidated decisions the Board has made for the last year. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled on January 25 that President Barack Obama acted unconstitutionally when he made three […]