Tag Archives: Noel Canning

Labor Board: Is Union’s Inclusion of Weingarten Rights Statement in Collective Bargaining Agreement Coercive?

The National Labor Relations Board (NLRB) has remanded a 2013 decision to an administrative law judge to determine whether the Board’s landmark 2017 decision on work rules and policies affects its 2013 determination that a union did not violate National Labor Relations Act (NLRA) Section 8(b)(1)(A) by unilaterally including a Weingarten rights statement on the … Continue Reading

Labor Board: Nonmembers Cannot Be Compelled to Pay Union Lobbying Expenses

Unions no longer can require objectors to contribute toward union lobbying costs, the National Labor Relations Board (NLRB) has ruled in a 3-1 decision. United Nurses & Allied Professional (Kent Hospital), 367 NLRB No. 94 (Mar. 1, 2019). The NLRB said lobbying costs of all kinds are not considered part of a union’s statutory collective-bargaining … Continue Reading

NLRB ALJ Follows Invalidated NLRB Decision on Bargaining about Discipline

Although the National Labor Relations Board’s 2012 decision in Alan Ritchey, Inc., 359 NLRB No. 40 was invalidated by the United Supreme Court in Noel Canning v. NLRB (2014) because of improper Board recess appointments, an NLRB Administrative Law Judge has decided to follow the “principles” contained in Alan Ritchey anyway, concluding that during the … Continue Reading

What’s Next for Contractual Dues-Checkoff Provisions?

As we previously observed here, no cases that were invalidated by the United States Supreme Court in Noel Canning v. NLRB remain for the National Labor Relations Board to decide. However, not all of the decisions that were nullified have been reaffirmed. One of the more significant decisions that has not been reaffirmed is WKYC-TV, … Continue Reading

NLRB Has Cleared Up Cases after Supreme Court’s Invalidation of 2012 Recess Appointments

In Noel Canning v. NLRB, the United States Supreme Court concluded that President Barack Obama’s three recess appointments to the National Labor Relations Board in January 2012 (Sharon Block, Richard Griffin, and Terence Flynn) were invalid.  As a result, hundreds of Board decisions were invalidated. Now, Politico reports that an NLRB spokesperson said that there … Continue Reading

President Obama Withdraws NLRB Nominee

President Barack Obama reportedly has withdrawn former-National Labor Relations Board member Sharon Block’s nomination to the NLRB to replace Nancy Schiffer, whose term expires on December 16, 2014.  Obama instead will nominate Lauren McFerran, chief labor counsel for the Senate Health, Education, Labor and Pensions Committee. Block’s renomination earlier this year has met with significant … Continue Reading

Predictably, Post-Noel Canning, Board Batting 1.000

The National Labor Relations Board through November 5 has reconsidered 35 decisions issued by Board panels found to be invalidly constituted under the Supreme Court’s ruling in NLRB v. Noel Canning.  Not surprisingly, in all of the decisions it has reconsidered, the NLRB reached the same conclusions as did the original, invalid Board panels.  See … Continue Reading

Expect NLRB Whirlwind before Schiffer Leaves

Hold on for the National Labor Relations Board’s version of the popular Disneyland attraction, Mr. Toad’s Wild Ride. With NLRB Member Nancy Schiffer’s term ending on December 16, 2014, expect a flurry of important NLRB activity similar to that which attended the expiration of former-NLRB Member Brian Hayes’ term on December 16, 2012. Among the … Continue Reading

416 Reasons Why There is No Rest for the NLRB

When the U.S. Supreme Court decided in June that President Barack Obama’s three recess appointments to the National Labor Relations Board in January 2012 were invalid, NLRB Chairman Mark Gaston Pearce stated, “[The Board is] committed to resolving any cases affected by today’s decision as expeditiously as possible.” Now, the Board has issued a 21-page … Continue Reading

NLRB Precedent Not Binding after Noel Canning, Labor Board Judge Declares, Rejecting Claimed Dues Deduction Violation

In an unusual move, an NLRB administrative law judge has disregarded Board law and held that an employer that stopped dues deductions after the expiration of its collective bargaining agreement did not commit an unfair labor practice, dismissing an unfair labor practice complaint.  Lincoln Lutheran of Racine, 30-CA-11099 (JD-49-14 August 11, 2014) Relying on the United … Continue Reading

NLRB Ratifies Agency Actions Taken When Board Members Were Not Validly Appointed

While maintaining that “all the administrative, personnel and procurement matters taken by the Board [from January 4, 2012 to August 5, 2013] were timely and appropriate,” the National Labor Relations Board nevertheless has announced, “in an abundance of caution,” that it has unanimously ratified all administrative, personnel, and procurement matters taken by the Board during … Continue Reading

Former Recess Appointee Block to be Renominated to NLRB

According to multiple reports, President Barack Obama has announced  his intention to renominate Sharon Block to the National Labor Relations Board. Block was one of the Board Members whose recess appointment on January 4, 2012 was invalidated in the U.S. Supreme Court’s ruling in NLRB v. Noel Canning as unconstitutional.  Block, a former labor and … Continue Reading

U.S. Supreme Court Upholds D.C. Circuit Decision in Noel Canning Invalidating NLRB Recess Appointments

In a lengthy opinion authored by Justice Stephen Breyer, and drawing heavily on historical practice of Presidents and the Senate, the United States Supreme Court has upheld the decision of the U.S. Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, concluding that President Obama’s three recess appointments to the National Labor … Continue Reading

Fourth Circuit Finds NLRB Did Not Have Quorum

The Fourth Circuit Court of Appeals ruled yesterday in two cases that President Obama’s recess appointments to the National Labor Relations Board were invalid, and therefore, the NLRB did not have a quorum when it issued rulings in the two cases before it.  The cases are Huntington Ingalls Incorporated v. National Labor Relations Board and … Continue Reading

New Court Challenge to NLRB’s Authority to Act

The National Labor Relations Board is facing a new court challenge to its authority.  Daycon Products Company, Inc. has petitioned the United States Supreme Court to rule on whether former NLRB member Craig Becker’s recess appointment to the NLRB was lawful, and therefore, whether the NLRB’s decision (in which Becker’s participation was needed for a … Continue Reading

Supreme Court Will Review Noel Canning Decision

The United States Supreme Court has granted the NLRB’s petition for writ of certiorari in NLRB v. Noel Canning, et al. In granting the petition, the Court wrote: The petition for a writ of certiorari is granted. In addition to the questions presented by the petition, the parties are directed to brief and argue the following … Continue Reading

Third Circuit Court of Appeals Decides Craig Becker’s Appointment to NLRB Was Invalid

On May 16, 2013, the United States Court of Appeals for the Third Circuit ruled that Craig Becker’s appointment to the National Labor Relations Board was invalid in NLRB v. New Vista Nursing and Rehabilitation, LLC, Nos. 11-3440, 12-1027 and 12-1936 (3rd Cir. May 16, 2013). The Court held that the Presidential recess appointment power … Continue Reading

Noel Canning: Congress Enters the NLRB Fray

The NLRB’s petition to the United States Supreme Court for review of Noel Canning is due April 25. The Supreme Court will be the most important battleground for resolution of the question whether President Barack Obama’s recess appointments of NLRB Members Sharon Block, Richard Griffin and former-Member Terence F. Flynn were constitutional. Even after the petition … Continue Reading

Noel Canning Update: NLRB Fights Back

NLRB authority is being challenged on several fronts following Noel Canning (for details on this decision, see RECESS APPOINTMENTS AT NLRB UNCONSTITUTIONAL, FEDERAL APPEALS COURT RULES. The following case, involving a representation petition filed at the NLRB by a union seeking to represent a group of an employer’s employees, is just one example.  District 1199J … Continue Reading