Labor & Employment Law Blog

On March 25, 2011 the National Labor Relations Board ruled in the New York New York ruling that off-duty employees of a restaurant, a contractor doing business on hotel property, can distribute flyers on hotel property regarding their union organizing campaign. The hotel sought to exclude the off-duty employees and their distribution of flyers from hotel premises.  

The five members of the NLRB, appointed by ...

On January 14, 2010, the National Labor Relations Board ("NLRB") issued a press release stating it informed the Attorneys General of Arizona, of South Carolina, and of Utah that recently-approved constitutional amendments to those states' laws requiring that union elections be conducted only by secret-ballot elections and not by submission of signed union authorization cards or by other means.  The NLRB informed those states also that the NLRB would file suit in federal court to enjoin those states from enforcing those laws.

AALRR represents Flooring Solutions of Nevada, Inc. ("FSI") in a dispute with the Painters Union. After FSI's labor agreement expired in early 2007 the Painters claimed to continue to represent FSI's employees. The Painters' claim was based upon a card check clause in the expired agreement and unilateral steps the Painters took just before contract expiration. A National Labor Relations Board ("NLRB ...

On June 17, 2010, in  New Process Steel, L.P. v. National Labor Relations Board, the United States Supreme Court dealt a severe blow to the National Labor Relations Board (NLRB) and hundreds of NLRB decisions.  From the period of late 2008 to early 2010, the NLRB operated with a two member quorum.  Three empty seats at the Board remained during this period as appointment packages did not receive Senate confirmation at the end of the Bush Presidency and beginning of the Obama Presidency. The two NLRB members remaining decided to render decisions on cases where they could agree.  Relying upon legal advice that they could render decisions on behalf of the Board with a two member quorum, the two members issued decisions on hundreds of cases involving unfair labor practice and union election issues. 

AALRR clients have recently had two published rulings by the National Labor Relations Board in which competing unions have disputed work assignments by construction contractors. Where either or both unions to a dispute picket or threaten to picket because of such a dispute, the NLRB can get involved. If the unions involved have not agreed to a different mechanism to resolve such disputes, the NLRB has the legal authority to make a final and binding award of the disputed work.

Awards of backpay in unfair labor practice cases are intended to make whole an employee who suffers a loss of earnings because of an unfair labor practice.  Because awards of backpay are typically limited to an employee's actual loss, an award of backpay is usually offset by any post termination earnings.

Last weekend President Obama made two recess appointments filling seats at the National Labor Relations Board. Union lawyers Craig Becker and Mark Pearce will fill two of the three vacant seats on the Board. Members Becker and Pearce were originally nominated as a package with a third, Republican, nominee for Senate consideration. Senate confirmation did not happen. No Republican received a recess ...