A loss for the NLRB at the D.C. circuit — court finds parties were at impasse in bargaining *

USA - December 14 2012
On November 27, 2012, in Erie Brush and Mfg. Corp. v. NLRB, the D.C. Circuit Court of Appeals vacated an NLRB decision and order finding that an employer violated the National Labor Relations Act by refusing to bargain, and held that “the evidence overwhelmingly points to the existence of impasse….”

Section 2(11) supervisors or not? *

USA - October 29 2012
In G4S Regulated Security Solution 358 NLRB 160 (September 29, 2012), the NLRB recently raised the bar that employers must meet in order to establish that individuals are supervisors under Section 2(11) of the NLRA.

NLRB’s attempt to restore “Ambush Election” rule fails *

USA - August 13 2012
The NLRB recently filed a Rule 59(e) motion to alter or amend the United States District Court for the District of Columbia’s May 14th judgment that the NLRB’s so called “Ambush Election” rule was invalid because, at the time the NLRB voted on the rule, it was not adopted by the statutorily required three-member quorum of NLRB Members.