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4th Circuit: NLRB had no authority to issue posting rule (access required)

Published: June 18, 2013

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In a ruling that pushes a second major battle over the National Labor Relations Board closer to the steps of the U.S. Supreme Court, the 4th U.S. Circuit Court of Appeals has ruled that the board lacks statutory authority to require employers to post a sign in workplaces informing workers
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Senate committee advances NLRB nominees (access required)

Published: May 23, 2013

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WASHINGTON – A Senate committee has advanced the nominations of President Barack Obama’s five picks for the National Labor Relations Board, setting the stage for a potential partisan showdown on the Senate floor.

NLRB reversed again due to ‘invalid’ Obama recess appointment (access required)

Published: May 17, 2013

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A second federal appeals court has ruled that an order issued by the National Labor Relations Board cannot be enforced because of an “invalid” recess appointment by President Barack Obama.

Circuit court strikes down NLRB notice posting rule (access required)

By: Kimberly Atkins
Published: May 8, 2013

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WASHINGTON – A federal appellate court has struck down the National Labor Relations Board’s controversial notice posting rule, the latest in a series of blows to the agency that has been mired in legal controversy.

NLRB advice on confidential investigations has lawyers reading tea leaves (access required)

By: Kimberly Atkins
Published: May 8, 2013

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WASHINGTON – The employment bar was roiled last year when the National Labor Relations Board ruled that a company policy requiring employees to keep interviews related to internal investigations confidential violated federal labor law.

But since then, the agency has been informally placing limits on that holding by issuing advice memoranda suggesting that companies can make reasonable case-by-case judgments about whether confidentiality is necessary — and attorneys have been eyeing them closely for guidance on how to advise clients.

Obama administration asks Supreme Court to reverse recess appointment ruling (access required)

Published: April 26, 2013

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WASHINGTON – Saying that the ruling unduly restricts presidential authority, the Obama administration has asked the U.S. Supreme Court to strike down a federal appellate court decision invalidating last year’s recess appointments to the National Labor Relations Board.

Senate proposal targets NLRB ‘micro-union’ ruling (access required)

Published: March 29, 2013

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A new proposal pending in the Senate would prevent funding for the implementation of a controversial ruling by the National Labor Relations Board allowing the creation of so-called “micro-unions” in the nation’s workplaces.

NLRB to seek Supreme Court review of recess appointment ruling (access required)

Published: March 13, 2013

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WASHINGTON – The National Labor Relations Board will seek direct U.S. Supreme Court review of a U.S. Court of Appeals ruling invalidating the recess appointments of three of the board’s members.

NLRB class action ruling under fire (access required)

By: Kimberly Atkins
Published: February 15, 2013

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WASHINGTON – One year after the National Labor Relations Board sent shock waves through the labor and employment bar by ruling that mandatory arbitration clauses barring class actions violated the National Labor Relations Act, the decision is coming under direct fire from federal courts — and it could lead to a U.S. Supreme Court showdown.

Court strikes down NLRB recess appointments (access required)

By: Kimberly Atkins
Published: January 25, 2013

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WASHINGTON – In a ruling likely to send ripples through the labor and employment law bar, a federal appellate court has ruled that President Barack Obama’s recess appointments of three members to the National Labor Relations Board last year were unconstitutional.

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