Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: Lafe Solomon

Former NLRB Acting General Counsel’s Service Invalid

Posted in Courts
Former NLRB Acting General Counsel Lafe Solomon was not permitted to serve in that capacity once former President Obama nominated him for the position of General Counsel of the NLRB.  So held the U.S. Supreme Court yesterday in a 6-2 decision.  The decision is just the most recent in a line of cases on the NLRB’s… Continue Reading

A New Arrow in the Quiver of Employers: AGC’s Appointment Ruled Invalid

Posted in NLRB
By Nelson Cary and James Patrick Thanks to a recent ruling, employers have a new arrow in their quiver—the ability to challenge actions because the NLRB’s current Acting General Counsel (“AGC”) was invalidly appointed. In Hooks v. Kitsap Tenant Support Services, Inc. (pdf), a federal district court judge determined that the NLRB’s AGC Lafe Solomon was… Continue Reading

Outgoing NLRB Members Find New Positions

Posted in NLRB
As readers of this blog know, the Senate recently confirmed five members on the NLRB.  The compromise that permitted the confirmation vote to move forward required that President Obama withdraw his nominations of two individuals who were serving recess appointments on the NLRB, Members Griffin (D) and Block (D).  For one of those individuals, the trip… Continue Reading

Acting General Counsel Releases Report on FY 2012 Operations

Posted in NLRB, Union Membership
Last week, the NLRB’s Acting General Counsel Lafe Solomon released his annual Summary of Operations (pdf). The memorandum summarizes the activities of the General Counsel’s office, which is responsible for the investigation and prosecution of unfair labor practice charges and the handling of representation cases.  Representation cases are requests from a union, employee, or employer… Continue Reading

A Moment of Clarity: Third Report on Social Media Provides Employers with a Policy Deemed Entirely Lawful

Posted in NLRB
By Nelson Cary and Ashley Manfull In an extremely significant report concerning social media cases, issued on May 30, 2012, the NLRB’s Acting General Counsel (AGC) has provided more guidance to employers with social media policies.  Perhaps the most helpful information for labor professionals comes at the end of the 22 page report (pdf). In concluding… Continue Reading

NLRB Responds to Court’s Decision on Election Rule

Posted in NLRB
The NLRB responded to the decision of Judge Boasberg today.  In a press release, the NLRB announced that it will suspend implementation of the election rule.  Acting General Counsel Lafe Solomon has also withdrawn the memorandum issued to the regional offices at the end of last month explaining how to implement the rule.  Finally, Chairman Pearce… Continue Reading

AGC Publishes Answers to Practitioner’s Questions

Posted in NLRB
Earlier this year, the Acting General Counsel met with the Practice and Procedure Committee of the American Bar Association’s Labor and Employment Law Section. He answered questions the Committee collected from practitioners around the country.  He did this last year as well. Consistent with his practice, the AGC released last week a memorandum (pdf) that summarized… Continue Reading

Highlights From Acting General Counsel’s Annual Operations Summary

Posted in NLRB, Union Membership
Last week, AGC Lafe Solomon issued his annual summary of operations (pdf) for FY 2011. The summary reviews the various functions of the Acting General Counsel’s office, which include conducting secret ballot union elections and investigating and prosecuting unfair labor practice charges against employers and unions. Of the information reported, perhaps the most interesting given the NLRB’s… Continue Reading

Unionized Employees at NLRB Distribute Fliers

Posted in NLRB
The NLRB apparently has some issues with its own unionized employees.  According to a recent report, members of the NLRB Union, a labor union that represents NLRB attorneys, agents, and others in regional offices around the country, passed out fliers at a labor law conference.  The flier accuses Chairman Mark Pearce (D) and Acting General Counsel Lafe… Continue Reading

NLRB’s Acting General Counsel Issues Second Report on Social Media Cases

Posted in NLRB
By Nelson Cary and Ashley Manfull Recognizing that the increased use of social media by employees commenting on work-related matters has led to many complex issues for employers, the Acting General Counsel (AGC) issued its first report in August 2011 summarizing cases involving social media issues. As the complexities of this issue are far from resolved,… Continue Reading

NLRB Sues Arizona Over Secret Ballot Law; South Dakota Next

Posted in Legislation, NLRB
Fresh off his controversial decision to challenge Boeing for deciding to locate a new manufacturing facility in South Carolina instead of utilizing its existing unionized workforce in Washington, the NLRB’s Acting General Counsel Lafe Solomon has announced a federal lawsuit against Arizona.  At issue is an amendment to the state’s constitution that Arizona voters approved only… Continue Reading

Acting General Counsel Answers Questions from Labor Lawyers

Posted in NLRB
Earlier this year, Acting General Counsel Lafe Solomon met with the Practice and Procedure Committee of the American Bar Association’s Labor and Employment Law Section.  He answered questions the Committee collected from practitioners around the country. Recently, the AGC issued a memorandum (pdf) to the NLRB’s Regional Directors and others NLRB employees to share the questions that were posed… Continue Reading

NLRB Threatens States with Lawsuit on Secret Ballot Amendments

Posted in EFCA, NLRB
Previously, Vorys on Labor reported on several state ballot initiatives that advanced amendments to state constitutions.  The amendments purported to protect the right to a secret ballot in any election, including a labor election.  These amendments passed by substantial margins in Utah, South Dakota, South Carolina, and Arizona — everywhere they were on the ballot. As the… Continue Reading

President Obama Announces NLRB Nominations

Posted in NLRB
The NLRB has functioned with only four members and without a General Counsel for a number of months.  Yesterday, President Obama announced his nominations for those key remaining vacanices at the NLRB. For General Counsel, the President nominated Lafe Solomon.  Readers of this blog know Mr. Solomon as the NLRB’s current Acting General Counsel, and the… Continue Reading

Got Remedies? NLRB Acting General Counsel Does, and Employers Should Beware

Posted in NLRB, Union Organizing
NLRB Acting General Counsel (AGC) Lafe Solomon is continuing his focus on remedies in unfair labor practice (ULP) cases involving union organizing campaigns.   On September 30, 2010, he issued a memorandum on Section 10(j) injunctions for discriminatory discharges during such campaigns.  Today, he released another memorandum (pdf), this one targeting remedies regional offices should seek when they issue complaints in ULP cases… Continue Reading