In a significant blow to efforts to unionize health care workers who are privately employed by the aged, ill and/or frail in their homes, the U.S. Supreme Court has struck down an Illinois statute requiring these home-based personal care providers to financially support a union that has a collective bargaining agreement with the State on
Supreme Court
Will High Court Put to Rest Labor Board Recess Appointments Controversy?
By Howard M. Bloom on
Posted in NLRB
After the D.C. Circuit held the recess appointments to the NLRB unconstitutional (Recess Appointments at NLRB Unconstitutional, Federal Appeals Court Rules), we began to speculate about the Board’s next move. The Board is now appealing that ruling to the U.S. Supreme Court. Read about it at Healthcare Workplace Update: NLRB Recess Appointment …
UNION NEUTRALITY AGREEMENTS TO BE SCRUTINIZED IF CERTIORARI GRANTED IN FLORIDA CASE
By Howard M. Bloom & Robert L. Murphy on
Posted in LMDRA
The U.S. Supreme Court has been asked to decide whether a neutrality agreement between a Florida greyhound track and a union improperly delivered a “thing of value” in violation of the Labor Management Relations Act.
Traditionally, when a union has sought to organize the employees of an employer and the employer decided it wanted to…
Board Begins Review of Cases in Light of New Process Steel Remands
By Jackson Lewis P.C. on
Posted in NLRB
The National Labor Relations Board was told by the U.S. Supreme Court in June that it had lacked authority to issue hundreds of decisions and orders from January 2008 through April 2010 with only two members in office. At the time of the High Court’s ruling in New Process Steel, L.P. v NLRB, 130 …
Solicitor General Asks U.S. Supreme Court to Resolve Appeals Court Conflict Over Board Quorum
Posted on
Posted in NLRB
The Solicitor General of the United States, on behalf of the NLRB, has filed a petition with the United States Supreme Court, asking the Court to settle the dispute among the Circuit Courts as to whether the NLRB is authorized to render decisions with only two members in office. The District of Columbia Circuit in…