Another Setback for the NLRB: Federal District Court Invalidates the Acting General Counsel’s Appointment

By | Labor Relations Today | August 21, 2013

In a four page decision in Hooks v. Kitsap Tenant Support Services, Inc., Case No. C13-5470 BHS (W.D. Wash. Aug. 13, 2013), Judge Benjamin H. Settle of the United States District Court for the Western District of Washington granted the employer’s motion to dismiss the National Labor Relations Board’s petition for injunctive relief under Section 10(j) of the National Labor Relations Act.

New NLRB Confirmed: Impact On the Board’s Agenda, and the Noel Canning Suit – Nelson Cary

By | LXBN | August 1, 2013

We’re closing in on a year since President Barack Obama controversially appointed two members to the National Labor Relations Board during the Senate’s recesss, giving the Board the authority to act just in the nick of time, but with that authority greatly questioned. Now, just this week, the Senate officially confirmed a full five-member board, the first full NLRB in more than a decade. But do the new appointees—some swapped out for the sake of an easy confirmation—change our outlook on the Board’s agenda? And what about the Noel Canning v. NLRB suit about to go before the Supreme Court. Nelson Cary of Vorys, Sater, Seymour and Pease LLP and their blog, Vorys on Labor, joins me to discuss both issues.

Monday Morning Regulatory Review: CO2 Emmissions, Securities Whistleblowers, Wage Methodology, Recess Appointments

Monday Morning Regulatory Review: CO2 Emmissions, Securities Whistleblowers, Wage Methodology, Recess Appointments

Two recent cases of interest deserve at least a summary review – the vacation of an Environmental Protection Agency (EPA) rule that deferred regulation and permitting of some carbon dioxide emissions in scientific uncertainty and rejection of a Securities and Exchange Commission (SEC) rule on whistleblowers in private litigation.

Senate, White House Reach Deal to Avert “Nuclear Option” On Obama Appointees – Kyle Gilster

By | LXBN | July 16, 2013

President Barack Obama’s recess appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau have been a source of conflict since the very day he made them. But now, months later, it appears we’re nearing some form of resolution. Reports indicate the White House and Senate have struck a deal to avert what Senate Republicans have called the “nuclear option” for avoiding a vote on Obama’s appointees to the NLRB, CFPB and other positions. Joining me to explain the deal and its impact is Kyle Gilster, Partner with Husch Blackwell in Washington, DC.