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. View Full Post
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Outgoing NLRB Members Find New Positions

By | Vorys on Labor | August 5, 2013
As readers of this blog know, the Senate recently confirmed five members on the NLRB.  The compromise that permitted the confirmation vote to move forward required that President Obama withdraw his nominations of two individuals who were serving recess appointments on the NLRB, Members Griffin (D) and Block (D). View Full Post
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New NLRB Confirmed: Impact On the Board’s Agenda, and the Noel Canning Suit – Nelson Cary

By | LXBN | August 1, 2013
LXBN TV 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. View Full Post
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Senate Confirms NLRB Appointments

By | Vorys on Labor | July 31, 2013
The U.S. Senate voted yesterday to confirm all of President Obama’s nominees to the NLRB.  The Democratic nominees were confirmed on a roll call vote, while the Republican nominees were confirmed on a voice vote.  Thus, for the first time in nearly a decade, the NLRB will have five full members, all confirmed by the Senate. View Full Post
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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. View Full Post
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The “Nuclear Option” Deal & The NLRB: What Happens Now?

How will the deal reached in the Senate regarding NLRB nominations impact the recess appointment dispute in the Noel Canning case pending at the U.S. Supreme Court, and the many other cases presenting the issue pending in the federal courts of appeals and at various stages before the Board? View Full Post
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Senate, White House Reach Deal to Avert “Nuclear Option” On Obama Appointees – Kyle Gilster

By | LXBN | July 16, 2013
LXBN TV 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. View Full Post
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