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No surprises in Senate committee hearing on NLRB nominees

Proskauer Rose LLP
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USA
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May 16 2013

There were no real surprises at today's Senate HELP Committee's hearing on President Obama's five NLRB member nominees. The Senate Committee members

Third Circuit holds former NLRB Member Becker’s recess appointment invalid, vacates NLRB decision made in August, 2011

Proskauer Rose LLP
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USA
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May 16 2013

The United States Court of Appeals for the Third Circuit has held that the President's recess appointment power is limited to intersession recesses

General Counsel’s Division of Advice issues helpful guidance on confidentiality rules in workplace investigations

Proskauer Rose LLP
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USA
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April 23 2013

As we reported here, in Banner Health System dba Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the NLRB reviewed an employer's

The end of an error

Proskauer Rose LLP
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USA
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February 13 2013

Unnoticed and with no fanfare, the Board brought the two member era to a close with its adoption of the last of the two member Board decisions, The

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

NLRB decision complicates investigations in the workplace

Proskauer Rose LLP
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USA
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August 3 2012

Employers routinely conduct investigations of workplace misconduct or other incidents

Court upholds non-employee property access rights

Proskauer Rose LLP
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USA
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April 17 2012

In a decision affirming the National Labor Relations Board, the U.S. Court of Appeals for the District of Columbia Circuit has ruled that employees of a contractor working for a contract restaurant operator located in another employer’s hotelcasino, have a right to pass out handbills inside the hotelcasino at the entrance to the restaurant

Court upholds NLRB's posting requirement, but strikes down key enforcement provisions

Proskauer Rose LLP
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USA
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March 5 2012

Judge Amy Berman Jackson of the United States District Court for the District of Columbia upheld the key provision of a National Labor Relations Board rule that requires employers to post notices of employee rights under the National Labor Relations Act in the workplace by April 30, 2012, but also found that the rule's enforcement provisions exceeded the Board's authority and were, therefore, struck down

Can a neutrality agreement be an "improper payment" to a union?

Proskauer Rose LLP
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USA
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January 22 2012

A recent U.S. Court of Appeals decision has opened the door for attacks on the legality of some neutrality agreements entered into between unions and employers

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