Labor & Employment Law Blog

In January 2013 the District of Columbia Circuit Court of Appeals put the validity of hundreds of NLRB case decisions and regulatory actions in doubt. In a ruling involving Noel Canning, a Washington State company accused of unfair labor practices, the Court determined that two of the three Board members ruling against the employer lacked authority due to unconstitutional appointments from the President ...

On January 25, 2013 the Court of Appeals for the District of Columbia Court of Appeals refused to enforce an NLRB ruling involving unfair labor practice allegations against employer Noel Canning.

In a dispute with Constitutional and political implications, the Court ruled that two of the three members of the NLRB panel, whose ruling was appealed, were not validly appointed. The appointment and authority ...

In Carr Finishing Specialist, Inc., 358 NLRB No. 165 (9/28/12), the NLRB ruled that a contractor that was signatory to an Collective Bargaining Agreement with the Iron Workers Union remained bound to a newly-negotiated agreement when the company did not timely revoke the authority it gave to multiemployer bargaining association to negotiate on its behalf.

In the past several months, the National Labor Relations Board (NLRB) has issued a series of decisions that could affect everyday policies that union and non-union employers maintain in the workplace. The decisions are summarized below.

Many employers require employees to acknowledge in writing the employee’s receipt of a notice or memorandum of discipline when workplace discipline is imposed. In Paratransit, Inc. v. Unemployment Insurance Appeals Board, the California Court of Appeal held: (1) it is lawful for an employer to require an employee to sign such an acknowledgement, (2) an employee’s refusal to sign such an acknowledgement form when lawfully presented to the employee is “misconduct” as that term is defined in Unemployment Insurance Code section 1256, and (3) such “misconduct” is grounds for denying unemployment insurance benefits to an employee who is terminated for refusing to sign a discipline acknowledgement form lawfully presented to him or to her.