From: Labor Law Articles Traditional
On July 9, 2009, President Obama nominated Craig Becker to be a
member of the National Labor Relations Board (NLRB). This is bad
news for employers. Becker goes beyond espousing pro-labor
positions; he occupies the very fringe of the left wing of the
labor movement. As a member of the NLRB, he would be in a position
to radically change the rules for retailers and all other
businesses.
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Becker's NLRB nomination flounders
Craig Becker's nomination to be a Member of the National Labor
Relations Board is in serious trouble, and it may not be too early
to declare that his nomination is dead. The Board now has two
Members. The President has nominated three individuals, in an
attempt to get the Board back to its full strength of five Members.
One of the nominees is Craig Becker, an SEIU lawyer. His nomination
has caused huge criticism from employers. On December 24 the Senate
officially "returned to the White House" Becker's nomination. Which
means what? Because the three nominees will have to go through the
Senate as a package, I expect the President will have to nominate
someone else in order for the other two to be approved. It wouldn't
make much sense for the President to send Becker's name back to
the...
Labor Law Update for Employers Who Are Not Unionized: Anticipated Changes Under the Obama NLRB.
Like many governmental agencies, the National Labor Relations Board
(NLRB or Board), which enforces the National Labor Relations Act
(NLRA), has become quite politicized. The five members who serve on
the Board are appointed by the President and confirmed by the
Senate. During the Bush Administration, the Board consisted of
three Republicans and two Democrats. The Bush Board changed or
modified many prior Board decisions, resulting in an obvious
pro-employer tilt.
Labor Law Update for Employers Who Are Not Unionized: Anticipated Changes Under the Obama NLRB.
Like many governmental agencies, the National Labor Relations Board
(NLRB or Board), which enforces the National Labor Relations Act
(NLRA), has become quite politicized. The five members who serve on
the Board are appointed by the President and confirmed by the
Senate. During the Bush Administration, the Board consisted of
three Republicans and two Democrats. The Bush Board changed or
modified many prior Board decisions, resulting in an obvious
pro-employer tilt.
NLRB Asks Supreme Court to Uphold Two-Member Decisions.
On September 29, 2009, the National Labor Relations Board (NLRB)
asked the Supreme Court to resolve a split in the United States
Circuit Courts of Appeals as to whether a panel of only two members
of the NLRB has the authority to issue final orders under the
National Labor Relations Act (NLRA). As of today, three Circuit
Courts - the 1st, 2nd, and 7th Circuits - have ruled that a
two-member panel of the NLRB may issue decisions, while the
District of Columbia Circuit has held that two-member decisions are
illegitimate.
Key NLRB Precedents Likely to Fall Under Liebman Board.
Earlier this year we created "e-mail alerts" to keep you better
informed of legislative changes and related legal developments in
labor and employment law that will significantly impact both union
and non-union employers during 2009. We are gratified with the
positive feedback we have received from many of our clients and
friends on this series of e-alerts. Based on suggestions we
received and encouragement from many in our firm, we are expanding
the original framework to address the myriad of potential changes
in labor law that we will likely see over the next few years from
the National Labor Relations Board (NLRB or Board), the federal
agency which administers the National Labor Relations Act (NLRA).
