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Flynn Investigation: Shake-Up At The NLRB?

By Alison Rath National Labor Relations Board Member Terence F. Flynn (R), who was recess-appointed to the Board by President Obama in January, has been called to resign in the wake of  recent reports...

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President Obama Calls for Increase in NLRB and FMCS Budgets

By Amanda A. Sonneborn President Obama’s proposed fiscal year 2014 budget calls for a 2% increase in spending for the NLRB over the year before. Much of that 2% increase would go to increases in...

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Third Circuit Declares Invalid Craig Becker’s Recess Appointment to the NLRB

By:  Joshua M. Henderson, Esq. Today, the Third Circuit Court of Appeals in Philadelphia set aside an order of the NLRB on the grounds that one of the members (Craig Becker) of a three-member panel...

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Noel Canning Revisited: The Supreme Court Agrees To Review the President’s...

By:  Nicholas R. Clements, Esq. The Supreme Court announced today that it will hear the pivotal labor relations case, NLRB v. Noel Canning, during its 2013-2014 term.  Seyfarth Employer Labor Relations...

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Keep Your Friends Close, and Your Congressional Leaders Closer

By: Howard M. Wexler, Esq. Upon the heels of the Obama Administration’s announcement that implementation of the large employer mandate under the Affordable Care Act (“ACA”) will be delayed until...

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Storm Continues Gathering: Another Circuit Court Follows Noel Canning and...

By:  Christopher Busey, Esq. Who imagined that the hottest topic in labor law for over six months would actually be a question of constitutional law?  Yet that remains the case after the Fourth...

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Avoiding Constitutional Questions, Court of Appeals Affirms Section 10(j)...

By: Anne D. Harris, Esq. The U.S. Court of Appeals for the Second Circuit recently affirmed a district court’s grant of a temporary injunction brought by the NLRB under Section 10(j) of the National...

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NLRB at the Center of Separation of Powers Battle Between the President and...

By:  Marshall B. Babson, Esq.                       In perhaps the most important constitutional case involving the NLRB since the constitutionality of the National Labor Relations Act (“NLRA” or...

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Supreme Court Cans NLRB Recess Appointments

By:  John J. Toner, Esq. The Supreme Court today issued its much anticipated decision in NLRB v. Noel Canning, regarding the President’s authority to avoid the Senate’s confirmation procedure by...

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The Big Impact from Nixed Recess Appointments: Supreme Court’s rejection of...

By:  Kenneth R. Dolin, Esq. The U.S. Supreme Court last month decided the Noel Canning case, unanimously holding that President Obama’s proposed recess appointments of Terrence Flynn, Sharon Block and...

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