Articles and Blogs

Recess appointment

Finally! NLRB Has Five Senate-Confirmed Members

[08/13/13]

Posted on August 13, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

On August 12, 2013, for the first time since August 21, 2003, the National Labor Relations Board has a full complement of five Senate-confirmed members. Four new members, all nominated by President Obama and confirmed last month by the U.S. Senate, have been sworn into office. NLRB Chairman Mark Gaston Pearce was also confirmed... READ MORE

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NLRB Is Going Straight to the Top

[03/12/13]

Posted on March 12, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

NLRB to Petition for Supreme Court Review of Recess Appointments The National Labor Relations Board today announced that it has determined not to seek en banc rehearing in Noel Canning v. NLRB, in which the U.S. Court of Appeals for the D.C. Circuit held that the January 4, 2012 recess appointments of three members... READ MORE

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NLRB Attacks Employer Handbooks – Again

[02/09/13]

Posted on February 9, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Confidentiality, Public Relations and Blogging Policies Held to Be Unlawful As we reported in our Employment Law News article in January, the NLRB has been very active in challenging any employer policy that could reasonably be understood by an employee to interfere with rights protected under the National Labor Relations Act (“NLRA”).  The NLRA... READ MORE

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Time for Recess? The Constitution Says No

[01/26/13]

Posted on January 26, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Three NLRB Members Not Valid Recess Appointments As we predicted last year, President Obama’s three recess appointments to the NLRB faced a significant constitutional legal challenge.  On January 25, 2012, the U. S. Court of Appeals for the District of Columbia in a unanimous opinion ruled that the president’s recess appointments to the NLRB in... READ MORE

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