Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: Pearce

Senate Confirms NLRB Appointments

Posted in NLRB
The U.S. Senate voted yesterday to confirm all of President Obama’s nominees to the NLRB.  The Democratic nominees were confirmed on a roll call vote, while the Republican nominees were confirmed on a voice vote.  Thus, for the first time in nearly a decade, the NLRB will have five full members, all confirmed by the… Continue Reading

Senate Compromises; New Picks Anticipated for NLRB Positions

Posted in NLRB
The Senate has avoided a "nuclear" confrontation over several pending appointments, including the appointments of all five members of the NLRB.  As readers of this blog know, President Obama’s appointments to the NLRB generated significant controversy because they included two individuals, Members Griffin and Block, whose recess appointments in 2012 have been held to be… Continue Reading

What a Week! An Update on the NLRB Appointments

Posted in NLRB
Hobbled by controversy over the political appointees that run the NLRB, last week brought news that the agency may not be on the road to recovery anytime soon. In twin developments, occuring on the same day last week, actions by the courts and the Congress demonstrated the tough political road ahead for the NLRB. In… 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

Court Declares NLRB Recess Appointments Unconstitutional

Posted in NLRB
In what will likely be one of the more significant labor law developments in 2013, a federal court of appeals in Washington, D.C. ruled today that President Obama’s recess appointments to the NLRB were unconstitutional.  On January 4, 2012, three individuals received recess appointments to the NLRB:  Members Flynn (R), Block (D), and Griffin (D).  At the time,… Continue Reading

NLRB Announces Webpage Describing Employee Rights

Posted in NLRB
A new page on the NLRB’s website went live today.  According to the NLRB, the page "describes the rights of employees to act together for their mutual aid and protection, even if they are not in a union."  The NLRB’s action is consistent with its push in the last couple of years to increase awareness of rights afforded under… 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

Federal Judge Invalidates NLRB Election Rule

Posted in NLRB
Satisfying his promised timeline, Judge James E. Boasberg issued a decision (pdf) today finding the NLRB’s election rule invalid.  Quoting Woody Allen that "eighty percent of life is showing up," Judge Boasberg found that the rule was invalid because one of the NLRB members did not participate in the vote to adopt it.   When the final… Continue Reading

AGC Issues Guidance on New Election Rules; Court Denies Motion to Stay

Posted in NLRB
With the effective date of the NLRB’s new election rules now less than 48 hours away, the NLRB’s Acting General Counsel (AGC) continues his implementation efforts.  On Thursday, the AGC issued a memorandum (pdf) to the various regional offices of the NLRB containing additional information interpreting the new rule.  It also contains implementation instructions for the… 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

Details of NLRB Election Rule Published; Chamber Files Lawsuit

Posted in NLRB
By Nelson Cary and Micah Dawson Earlier today, the NLRB formally published their new election rules in the Federal Register.  Chairman Pearce (D) and Member Becker (D), whose term ends next week, voted in support of the new rule. Member Hayes (R) withheld his vote. Member Hayes can vote against finalizing the rule and publish a statement… Continue Reading

NLRB to Vote on Election Process Rule

Posted in NLRB
The NLRB announced yesterday that it will hold a public meeting on November 30, 2011.  At the meeting, the three remaining NLRB members will discuss and vote on the so-called "quickie election" rule that the NLRB proposed in June 2011.  As previously discussed on this blog, the changes in the proposed rule range from permitting electronic filing of certain documents… Continue Reading

Chairman Liebman Leaves the NLRB

Posted in NLRB
Chairman Liebman’s third term expired at midnight on August 27, 2011.  Her departure brings the NLRB down to three members:  Pearce (D), Becker (D), and Hayes (R).  As Chairman Liebman departed, Member Pearce was designated the new Chairman of the NLRB.  The press release from the NLRB notes that Chairman Liebman was the third longest serving member… Continue Reading