Practical HR Tips, News & Advice. Updated Daily.
by J. Robert Brame, McGuireWoods LLP In the 1990s, there was a growing concern about the “criminalization” of corporate law, in part justified by the passage of the Sarbanes-Oxley Act, which placed real criminal risks on top managers. While Sarbanes-Oxley was no threat to HR managers at first, innovative prosecutors and plaintiffs’ attorneys are changing […]
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 […]
It appears the National Labor Relations Board (NLRB) has started to lay the groundwork for off-site Internet elections for employees to determine whether they wish to be represented by a union. The first sign of this development was a Request for Information (RFI) published by the NLRB on June 9, 2010. In the RFI, the […]
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 […]
On Tuesday, U.S. Senate Republicans (along with two Democrats) used a filibuster to block Craig Becker’s nomination to the National Labor Relations Board (NLRB). In a 52-33 vote, the Democrats fell short of the 60 votes needed to end the Senate debate on Becker’s nomination and move to a final vote. Senators Ben Nelson (D-Nebraska) […]
The Ninth Circuit Court of Appeals issued an opinion this week denying the application of the National Labor Relations Board (NLRB) to have eight employees of the Santa Barbara News-Press, who were fired for engaging in union activity, reinstated.
According to the New York Times, President Barack Obama has reportedly decided to renominate Craig Becker to the National Labor Relations Board (NLRB). Last summer, the President nominated Becker, Mark Pearce, and Brian Hayes to the U.S. Senate to be members of the NLRB. In December, Becker’s nomination was returned to the White House for […]
by James P. Gillece, Jr. As an employer, you may have already experienced the discomfort of having the “Men in Black” — i.e., agents or investigators from a government agency — appear on your doorstep. With increased enforcement efforts by various federal and state agencies, the likelihood that you’ll be visited by regulators isn’t an […]
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 […]