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NLRB General Counsel Memo Highlights Possible Pro-Union Changes in the Law

On March 5, 2014 by Schnader in Labor and Employment

By Michael J. Wietrzychowski From time-to-time, the NLRB’s General Counsel issues memoranda to NLRB field offices regarding cases that the General Counsel believes require serious legal review by the NLRB’s Division of Advice. These memoranda often signal the possibility that the NLRB may deviate from current legal precedent regarding these issues. […]

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NLRB Revives “Election Reform” Rulemaking

On February 6, 2014 by Schnader in Labor and Employment

By Scott J. Wenner Today, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking (NPR) on amendments to its representation election rules and procedures. The proposed rules, which the Board characterizes as identical to changes it initially proposed in June 2011 would, if they become final, significantly expedite elections, […]

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NLRB Notice Posting Rule Invalidated by Fourth Circuit

On June 14, 2013 by Schnader in Labor and Employment

By Scott J. Wenner The United States Court of Appeals for the Fourth Circuit has delivered the latest in a series of judicial roundhouse blows to the National Labor Relations Board. In Chamber of Commerce of the United States v. National Labor Relations Board, the Court held that the NLRB exceeded its rulemaking […]

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Third Circuit Rules that NLRB had no Authority to Act Due to Invalid Recess Appointment

On May 17, 2013 by Schnader in Labor and Employment

By Michael J. Wietrzychowski On May 16, 2013, the Third Circuit ruled that President Obama’s recess appointment of Craig Becker to the National Labor Relations Board was invalid, thus leaving two valid appointees to the five-member Board.  The consequence of this decision is that the remaining two-member Board never had the […]

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