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Labor-Management Relations and Labor Disputes Publications of Interest

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05/17/13 Third Circuit Holds Craig Becker’s NLRB Recess Appointment Unconstitutional
A second federal appellate court holds that President Obama's NLRB recess appointments were invalid and potentially calls into question every Board decision since March 2010.
05/09/13 D.C. Circuit Rules NLRB Notice-Posting Requirement Invalid
Notice Rule remains inoperative as court holds that it conflicts with NLRA's statutory language.
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04/09/13 Morgan Lewis Partner Philip Miscimarra Nominated to National Labor Relations Board
Morgan Lewis Labor and Employment partner Philip A. Miscimarra has been nominated by President Obama to be a Member of the National Labor Relations Board.
02/01/13 5th Circ. Poised To Weigh NLRB Class Waiver Ban, Law360
Labor and Employment partner Ross Friedman is quoted.
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05/17/13 Third Circuit Holds Craig Becker’s NLRB Recess Appointment Unconstitutional

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

A second federal appellate court holds that President Obama's NLRB recess appointments were invalid and potentially calls into question every Board decision since March 2010.

05/09/13 D.C. Circuit Rules NLRB Notice-Posting Requirement Invalid

LawFlash/Client Alert | Labor and Employment LawFlash
David Broderdorf, Ross Friedman

Notice Rule remains inoperative as court holds that it conflicts with NLRA's statutory language.

03/04/13 Labor and Employment Issues in Corporate Transactions: Strategic Considerations and Hidden Liabilities, PLC Labor & Employment

Outside Publication | Article
Stanley Lechner, John Ferrer

02/07/13 DOL Publishes New FMLA Regulations

LawFlash/Client Alert | Labor and Employment LawFlash
Michelle Silverman, Silvia LeBlanc, Sarah Andrews, Rene Johnson

Final rule takes effect on March 8 and makes changes to model certification forms, intermittent leave, exigency and military caregiver leave, and flight crew rules.

01/31/13 NLRB Judge Rules on Confidentiality and Non-Disparagement Provisions

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

ALJ strikes down provisions in an employment agreement for violating the NLRA, finding they chilled employees' exercise of Section 7 rights.

01/22/13 The Second Obama Term: NLRB Outlook

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Employers should expect a continuation of the policies from the last four years as the NLRB seeks to extend the reach of the NLRA to nonunion workplaces and promotes increased unionization and collective bargaining.

11/14/12 Social Media: Emerging Risks Facing Corporate America

Presentation | Speech
Joyce Taber, Jonathan Fritts

Morgan Lewis partners Joyce Taber and more

11/01/12 NLRB’s Division of Advice Finds Two At-Will Employment Policies Lawful

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Advice memoranda describe limits of potential challenges to at-will employment policies under the NLRA.

10/09/12 NLRB Expands Employee Rights to Enter Workplace Outside Work Hours

LawFlash/Client Alert | Labor and Employment LawFlash
David Broderdorf, Jonathan Fritts, Charles Cohen, Joseph Santucci, Jr.

Board's recent decision in J.W. Marriott makes it more difficult for employers to control off-duty employee access to the workplace.

06/01/12 Acting NLRB GC Issues Updated Report Concerning Social Media Cases

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Report analyzes seven employer social media policies under the National Labor Relations Act, and provides an example of a policy that is considered to be lawful.

05/29/12 Amicus Brief to US House – 5.29.2012 – National Association of Manufacturers, et al., v. National Labor Relations Board, et al., D.C. Circuit

Practice Resource | Labor Congressional Materials
David Broderdorf, Andriette Roberts, Rita Srivastava, Jonathan Fritts, Ross Friedman, Philip Miscimarra, Charles Cohen

In the D.C. Circuit appeal regarding the legality of the notice-posting requirement adopted by the NLRB, Morgan Lewis is representing The Honorable John Kline, Chairman of the House Committee on Education and the Workforce, and 3... more

04/30/12 New NLRB Election Rules Go into Effect April 30

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The Board's Acting General Counsel has issued guidance on the rules; their full impact will depend on the outcome of a lawsuit challenging their implementation, with a decision due by May 15.

April 2012 Corporate Spending Post-Citizens United Decision Comes under Attack

LawFlash/Client Alert | Cross-Practice Alert
Timothy Lynch, Linda Griggs

The Supreme Court decision in Citizens United v. Federal Election Commission , 558 U.S. —, 130 S.Ct. 876 (2010), lifted long-standing limits on corporate and labor union political spending. Prior to Citizens United , ... more

04/02/12 Courts Reject NLRB’s Ruling That Arbitration Agreements Violate NLRA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Three district courts to consider D.R. Horton have distinguished or rejected the NLRB's holding that it was a violation of the NLRA to condition employment on an agreement providing all employment disputes and claims would be resolved in arbitration.

03/06/12 D.C. Court Issues Split Decision in NLRB Notice Case

LawFlash/Client Alert | Labor and Employment LawFlash
Ross Friedman

Judge upholds Board's authority to issue the rule requiring notice, but strikes down penalty provisions.

03/03/12 Angels, Demons and the NLRB — Perspectives on Congressional Oversight, paper presented to the American Bar Association, Committee on Practice and Procedure Under the NLRA, Midwinter Meeting

Presentation | Speech
Philip Miscimarra

02/07/12 DOL Proposes New FMLA Regulations on Military Family Leave

LawFlash/Client Alert | Labor and Employment LawFlash
Michael Ossip, Corrie Conway, Silvia LeBlanc, Sarah Andrews

Proposed rules impact exigency leave and military caregiver leave and include clarifications on increments of intermittent leave.

01/09/12 Arbitration Agreement Barring Class Litigation Violates the NLRA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The NLRB in D.R. Horton holds that the home builder violated the NLRA by conditioning employment on agreements providing that all employment disputes and claims would be resolved in arbitration, and foreclosing any litigation of "class" or "collective" claims in court or arbitration.

12/21/11 NLRB Implements Extraordinary Regulatory Overhaul to Election Procedures

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Employers covered by the NLRA should prepare for the possibility of organizing campaigns with expedited representation election procedures that provide extremely limited pre-election hearings and restrictive appeal options; elections will be held much more quickly than the current median of 38 days after the petition is filed.

11/30/11 NLRB Votes in Favor of Major Changes to NLRA Election Procedures and House Passes “Workforce Democracy” Bill

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

By a 2–1 vote today, the National Labor Relations Board (NLRB or Board) decided to move forward with major changes to the Board's representation election procedures. The vote adopted a subset of procedural reforms first pr... more

11/30/11 How Recent NLRB Decisions and Rulemakings Will Promote Union Organizing: What Union and Nonunion Companies Need to Know

Presentation | Webinar
Jonathan Fritts, Ross Friedman

This one-hour interactive webinar addressed the key implications of recent National Labor Relations Board (NLRB) decisions and rulemaking initiatives promoting union organizing, which impact all employers covered by the National... more

11/16/11 Brief Filed in Litigation Challenging the NLRB’s Final Rule Requiring All Employers to Post Notice of Employee Rights Under the NLRA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On August 25, the National Labor Relations Board (NLRB or Board) issued a Final Rule (Rule) that requires all employers subject to the Board's jurisdiction—i.e., the vast majority of employers doing business in the United ... more

10/12/11 New Legislation and Congressional Hearing Target NLRB's Union-Friendly Changes

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On October 12, the House Committee on Education and the Workforce conducted a hearing regarding new legislation—the Workforce Democracy and Fairness Act (H.R. 3094)—which would prevent the National Labor Relations Bo... more

10/05/11 NLRB Final Rule Requiring All Employers (Even Nonunion Employers) to Post Notice of Employee Rights Under the NLRA Delayed Until January 31, 2012

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On October 5, the National Labor Relations Board (NLRB or Board) announced that it would delay the effective date, until January 31, 2012 , of its Final Rule requiring all employers subject to the Board's jurisdiction—i.e.... more

08/31/11 NLRB Issues Three Decisions Promoting Union Representation as Chairman Liebman's Board Term Ends

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On the final working day of Chairman Wilma Liebman's term at the National Labor Relations Board (NLRB or the Board), the Board issued three significant decisions that promote union organizing and protect new or established union ... more

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