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Court’s ruling that NLRB appointments were invalid introduces uncertainty going forward

Proskauer Rose LLP
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USA
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January 28 2013

The United States Court of Appeals for the District of Columbia Circuit has issued a decision invalidating the President's January 4, 2012 recess

NLRB decision sets new rule on confidentiality of witness statements

Proskauer Rose LLP
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USA
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January 3 2013

The National Labor Relations Board continued its attack on long established internal investigation best practices with its recent ruling in American

The NLRB allows employer and union to agree to contract framework as part of neutrality agreement

Proskauer Rose LLP
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USA
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December 10 2010

In a long-watched case, the National Labor Relations Board ("Board") has dismissed a complaint that an auto parts manufacturer entered into an unlawful letter of agreement ("LOA") with a union establishing ground rules for union organizing, voluntary recognition and substantive issues to be addressed in collective bargaining for its yet-to-be-organized employees

NLRB "de-friends" employers in its first complaint based on employee’s social network comments

Proskauer Rose LLP
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USA
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November 10 2010

The Acting General Counsel of the National Labor Relations Board has issued a complaint alleging that an employee was unlawfully terminated for posting negative comments about her supervisor on a personal Facebook page

National Labor Relations Board issues three major changes in precedent in a week

Proskauer Rose LLP
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USA
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November 9 2010

The National Labor Relations Board, now with four members, has begun the long-expected changes to major areas of its interpretation and enforcement of the National Labor Relations Act

NLRB grants review in card check and successor employer cases signaling beginning of precedent reversals

Proskauer Rose LLP
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USA
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September 17 2010

Changes in labor law predicted for many months have now begun in earnest

Ninth Circuit rules profit-sharing assistance agreement during labor dispute violates Sherman Act

Proskauer Rose LLP
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USA
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September 9 2010

The United States Court of Appeals for the Ninth Circuit recently held that a profit-sharing assistance agreement instituted by employers in anticipation of a whipsaw strike is not protected from antitrust scrutiny by the non-statutory labor exemption to the antitrust laws, and in fact violated Section 1 of the Sherman Act

DC Circuit reverses FLRA decision requiring NLRB General Counsel and Board to bargain with combined unit of NLRB employees

Proskauer Rose LLP
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USA
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July 26 2010

In an important institutional decision for the National Labor Relations Board ("NLRB"), the United States Court of Appeals for the District of Columbia Circuit has reversed a decision of the Federal Labor Relations Authority ("FLRA") requiring the NLRB and its General Counsel to bargain with a combined unit of NLRB attorneys, investigators and support staff, which had previously been in separate units

NLRA for non-union employers

Proskauer Rose LLP
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USA
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April 15 2010

It is a common misconception held by many employers that the National Labor Relations Act which, among other things, prohibits discrimination against employees based on union membership and governs the collective bargaining process between labor and management does not apply in any way to non-union employers and their employees

President Obama announces controversial recess appointments to NLRB and EEOC

Proskauer Rose LLP
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USA
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March 29 2010

On March 27, 2010, President Obama directly appointed individuals to the National Labor Relations Board and Equal Employment Opportunity Commission without awaiting Senate approval, as part of a group of "recess appointments."

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