Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: Supreme Court

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

NLRB Instructs Regions to Seek Informal Settlement of Class/Collective Action Waiver Cases

Posted in NLRB
Following years of uncertainty, the U.S. Supreme Court will soon decide the legality of arbitration agreements that prohibit employees from joining employment-related class or collective actions.  The NLRB has consistently argued that employee participation in class or collective actions is protected concerted activity and that agreements barring such participation constitute an unfair labor practice. The… 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

Supreme Court Cuts Down Yard-Man Inference in Retiree Health Benefit Disputes

Posted in Courts, Union Negotiations
On January 26, the U.S. Supreme Court handed down its opinion in M&G Polymers USA v. Tackett , providing guidance on one of the items on our 2015 to-do list a little earlier than expected. At issue in M&G was a collective bargaining agreement (“CBA”) provision calling for “a full Company contribution towards the cost… Continue Reading

Supreme Court Deals Blow to Public Sector Unions

Posted in Union Membership
In a close decision earlier this week, the U.S. Supreme Court dealt a blow to unions representing government employees. The case, Harris v. Quinn, dealt with an effort in Illinois to permit unions to organize a group of individuals who provide services to those who are unable to live in their own homes without assistance. Under the… Continue Reading

Supreme Court Rules that Obama Recess Appointments Invalid

Posted in NLRB
In a major decision yesterday, the U.S. Supreme Court held that the recess appointments President Obama made to the NLRB in January 2012 were unconstitutional. The case related to the appointments of three members of the NLRB on January 4, 2012, during a period of time in which the U.S. Senate was in an intra-session… Continue Reading

U.S. Supreme Court Clarifies Rules Regarding Donning and Doffing of Gear

Posted in Unions
Last month, the U.S. Supreme Court decided a significant case regarding claims involving donning and doffing for unionized employers. And no, donning and doffing are not Santa’s new reindeer. Rather, “donning” refers to putting on protective gear, clothing, or uniforms before the start of work, while “doffing” refers to taking off those items at the end of the work… Continue Reading

Supreme Court Sets Oral Argument in Noel Canning Case

Posted in NLRB
Oral argument on the Noel Canning case will take place on January 13, 2014 before the justices of the U.S. Supreme Court. As readers of this blog will recall, Noel Canning was the first of three different U.S. court of appeals decisions holding that President Obama’s recess appointees to the NLRB were unconstitutional. While the… Continue Reading

NLRB Announces Appeal of Recess Appointments Decision

Posted in NLRB
Earlier this afternoon, the NLRB announced that it will appeal the Noel Canning decision to the U.S. Supreme Court.  Noel Canning is the case from the federal appeals court in the District of Columbia holding that President Obama’s recess appointments to the NLRB were unconstitutional.  The NLRB’s announcement comes after, among other things, the court of appeals delayed oral argument in an a… Continue Reading

NLRB Issues First Decisions in Remanded Cases

Posted in NLRB
Last Friday, the NLRB announced its decisions in four cases that were overturned by the U.S. Supreme Court’s decision in New Process Steel, L.P. v. NLRB, 130 S. Ct. 2635 (2010).  This decision held that the two member NLRB that issued decisions in nearly 600 cases did not have the authority to do so.  The first four decisions… Continue Reading