NLRB Update:Recess Appointments and More

January 10, 2012

In recent weeks, there has been a good deal of activity at the National Labor Relations Board (NLRB). During Congress’ winter break, President Barack Obama made three recess appointments to the NLRB. Also, the NLRB found that an arbitration agreement unlawfully barred employees from engaging in “concerted activity,” and recently...

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NSBA Opposes Bill Allowing Unemployed to Sue

January 10, 2012

NSBA President Todd McCracken recently weighed in with the Senate Committee on Health, Education, Labor and Pensions (HELP) in opposition to the Fair Employment Opportunity Act of 2011 and other, similar proposals. There are several current proposals to make discrimination against individuals based on their status as unemployed unlawful. Proposed legislation includes three bills that would enact...

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Decision on NLRB Union Elections Rule Expected

November 29, 2011

The National Labor Relations Board (NLRB) has scheduled a vote on its proposed union election rule for Wednesday afternoon, Nov. 30.  NSBA has opposed this rule in formal comments to the NLRB. The rule is expected to pass with some changes unless NLRB member Brian Hayes resigns, as some have encouraged him to do. The...

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NLRB Posting Requirement Delayed

October 13, 2011

On Oct. 5, 2011, the National Labor Relations Board (NLRB) announced a delay to the implementation deadline for their new rule requiring employers to hang posters notifying employees of their right to unionize. The rule was set to take effect Nov. 14, but has been pushed back to Jan. 31,...

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Bill Introduced to Stop NLRB Election Rule Changes

October 12, 2011

On Oct. 5,  House Committee on Education and the Workforce Chairman John Kline (R-MN) introduced theWorkforce Democracy and Fairness Act (H.R. 3094). It is designed to to prevent the National Labor Relations Board (NLRB) from implementing major proposed changes that were included in their recent notice of proposed rulemaking. The Workforce Democracy...

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NSBA Fights DOL Advice Regulation

October 5, 2011

NSBA has submitted comments for a hearing of the House Small Business Committee scheduled for Wednesday, Oct. 5. the hearing, “Department of Labor Regulations under the Labor-Management Reporting and Disclosure Act,” will explore DOL’s proposed regulations on the advice exception to the persuader rules, urging that the proposal must be withdrawn. In its comments,...

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NSBA Files Comments on DOL “Persuader” Regulations

September 27, 2011

As previously reported, the Department of Labor (DOL) earlier this summer issued a proposed rule that would dramatically narrow the “advice” exemption to the employer reporting obligations under the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). The underlying reporting obligations are often referred to as the “persuader” rule or the...

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House Committee Approves Bill to Mandate E-Verify

September 27, 2011

The House Judiciary Committee marked up the Legal Workforce Act (H.R. 2885) last week and approved the measure for consideration by the full House on September 21, 2011. The bill mandates that all employers in the U.S. use E]Verify to determine that their employees are legal. The bill also narrows...

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New NLRB Posting Requirement Announced

September 8, 2011

On Aug. 25, the National Labor Relations Board (NLRB) issued a 45 page final rule requiring employers to hang posters notifying employees of their right to unionize. The poster must be 11 by 17 inches and can either be downloaded from the NLRB Web site or picked up at any...

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