Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: Obama

Briefing Schedule Set in Persuader Rule Appeal

Posted in Courts, Department of Labor
The Fifth Circuit Court of Appeals has set the briefing schedule in the government’s appeal of the nationwide injunction of the persuader rule.  The government’s brief is due April 17, 2017.  Response briefs are due 30 days later.  Reply briefs must be filed 14 days after the response brief. The briefing schedule may finally tell us… Continue Reading

Judge Gorsuch and the NLRB Part 1: An Initial Overview

Posted in Courts
Earlier this week, as I’m sure everyone has now heard, President Trump announced his pick for the U.S. Supreme Court. For those of you who missed it, President Trump nominated Neil Gorsuch, a judge on the U.S. Court of Appeals for the Tenth Circuit. Curious about his decisions in cases involving the NLRB, I set… Continue Reading

My Obligatory SCOTUS Nominee Blog Post….

Posted in Courts
So, by now, I’m sure everyone has heard that President Obama announced his pick for the U.S. Supreme Court last week.  In case you missed that, he selected Chief Judge Merrick Garland, from the D.C. Circuit Court of Appeals.  As a result, many have been writing about how Judge Garland has ruled in any given… Continue Reading

Obama Vetoes Legislation on Ambush Election Rule

Posted in Rulemaking, Union Organizing
As forecast two weeks ago on this blog, President Obama yesterday vetoed the Congressional Review Act resolution that would have prevented the NLRB from proceeding with the implementation of its ambush/quickie election rules adopted earlier this year.  In his “memorandum of disapproval,” the President referred to the rules as “common-sense, modest” changes.  He also noted that employees… Continue Reading

Senate Confirms New NLRB Member

Posted in NLRB
Earlier this week, the U.S. Senate confirmed Lauren McGarity McFerran (D) to take the place of Member Schiffer (D), whose term expires next week.  As readers of this blog will recall, the move came after President Obama withdrew the controversial nomination of Sharon Block (D), who became caught up in the unconstitutional appointment issue the Supreme… Continue Reading

President Obama Withdraws Nomination of Sharon Block

Posted in NLRB
In an interesting move Wednesday, President Obama notified the U.S. Senate that he was withdrawing the nomination of Sharon Block to the NLRB.  In her place, the President nominated Lauren McGarity McFerran. Ms. Block’s nomination cleared the Senate’s Health, Education, Labor and Pensions (HELP) Committee on an essentially party-line vote earlier this year.  The nomination of… Continue Reading

President Obama Announces NLRB Nominations

Posted in NLRB
President Obama announced his intention today to nominate three individuals to the NLRB. The President’s action comes at a time when the authority of the NLRB to act in cases and rulemaking activities is on appeal to the U.S. Supreme Court and when only one of the sitting NLRB members has been confirmed by the U.S. Senate. The… Continue Reading

Unions Speak Out on NLRB Recess Appointment Ruling

Posted in Unions
In case you were wondering what unions thought about the Noel Canning decision, which held that President Obama’s recess appointments to the NLRB were unlawful, your wait is now over. Earlier this week, at its Executive Council meeting, the AFL-CIO let its views be known. In a statement adopted by the Council, the AFL-CIO decried… Continue Reading

President Obama Renominates Griffin and Block to NLRB

Posted in NLRB
Less than three weeks after the U.S. Court of Appeals for the District of Columbia declared their recess appointments invalid, President Obama has again nominated Richard Griffin (D) and Sharon Block (D) to serve on the NLRB.  In the names he sent to the Senate last week, however, President Obama did not include any Republicans for two… Continue Reading

Court Hears Argument on Validity of NLRB Appointments

Posted in NLRB
One of the developments I suggested labor professionals keep an eye on after the election was the validity of President Obama’s appointments to the NLRB at the beginning of 2012.  As summarized in the prior post, two of the four current NLRB members received "recess appointments" that are now at issue.  Today, the federal Court of Appeals… Continue Reading

President Obama Uses Recess Appointments to Fill NLRB Vacancies

Posted in NLRB
By Nelson Cary and Micah Dawson In College Football Bowl week terminology, some would say President Obama ran an “end-around” play on the Senate yesterday.  Using his recess appointment power, he filled the three vacancies on the National Labor Relations Board, despite the Senate’s refusal to act on those appointments.  President Obama appointed his two… Continue Reading

New NLRB Nominations: President Obama Nominates Two New Candidates for Labor Board Vacancies

Posted in NLRB
Earlier this week, President Obama nominated two Democrats, Sharon Block and Richard Griffin, to serve as members of the NLRB.  Ms. Block currently works at the U.S. Department of Labor, an agency which has attracted attention over its controversial proposal to modify the rules governing "persuaders" in labor organizing campaigns.  Mr. Griffin serves as General Counsel for… Continue Reading

UPDATE: Public Sector Bargaining Rights Battle Rages

Posted in SERB
The headline on our last post certainly seems apt now.  A battle truly has erupted — and not just here in Ohio — over the issue of public sector employee collective bargaining rights.  Wisconsin also confronts the issue; coverage of that dispute is easy enough to come by, but here is a recent example.  Michigan, however,… Continue Reading

President Obama Again Nominates Craig Becker to NLRB

Posted in NLRB
Last year, President Obama nominated Craig Becker to the NLRB.  Mr. Becker’s nomination, however, bogged down in the U.S. Senate over his controversial views on the NLRA.  The U.S. Chamber of Commerce even took the step of opposing Mr. Becker’s nomination, a position it had not taken since the early 1990’s.  Ultimately, Mr. Becker’s nomination… 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

Federal Contractors and Union Campaigns

Posted in Union Organizing
Under current law, employers confronted with union organizing drives face an important question: whether to take steps to oppose that effort. Under the Obama Administration, employers holding federal contracts also face an additional question: how will they pay for their efforts to prevent employees from organizing a union? Federal contractors are allowed to claim certain… Continue Reading