The National Labor Relations Board (the Board or the NLRB) is revising its rules governing the processing of representation cases during periods when the Board lacks a quorum of Members. This revision is being adopted to facilitate, insofar as it is possible, the normal functioning of the Agency when the number of Board Members falls below three, the number required to establish a quorum of the Board. See 29 U.S.C. 153(b); New Process Steel v. NLRB, 130 S.Ct. 2635 (2010). The effect of the revision is to enable the Agency to process some representation cases to the certification of a representative or the certification of the results of the election, while deferring Board consideration of parties' requests for review until a quorum has been restored.
Buffalo employees fired for posting Facebook messages about their working conditions will have to wait awhile to be reinstated. Attorneys for the employer, Hispanics United of Buffalo Inc., plan to challenge a National Labor Relations Board administrative law judge's decision that their activity was protected by federal law.
Just when attorneys thought the issue of class action waivers in mandatory arbitration clauses had been settled by the U.S. Supreme Court once and for all, a National Labor Relations Board ruling has called into question employers' ability to use arbitration clauses in employment contracts to prohibit class and collective actions. The Board's ruling has employers scrambling to review their employment contracts to ensure that they are not committing labor law violations.
Should a federal government agency dictate where a business can and cannot produce goods and services in the U.S.? Of course not. Right? Well, as crazy as it might sound, that's what the National Labor Relations Board (NLRB) is doing to a leading manufacturer.
The National Labor Relations Board is revising its rules governing the consideration of certain pleadings that ordinarily require action by a quorum of at least three Board Members. The revisions are being adopted to facilitate, insofar as it is possible, the normal functioning of the Agency during periods when the number of Board members falls below three, the number required to establish a quorum of the Board. The effect of the revisions is to provide the public with avenues for resolving certain issues, while deferring full review by the Board until a quorum has been restored.
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