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Senate HELP Committee Considers NLRB Nomination

During a relatively sedate hearing to consider the nomination of Lauren McFerran to serve as a member of the National Labor Relations Board, the issue of joint employment and franchisor liability took center stage, at least for the Republican members of the Senate Committee on Health, Education, Labor and Pensions (HELP). Last week President Obama surprised many by withdrawing his nomination of former NLRB recess appointee Sharon Block and nominating McFerran, the HELP Committee's chief labor counsel, to replace outgoing member Nancy Schiffer, whose term expires on December 16, 2014...

Board Awards Unprecedented Remedies and Signals It Could Go Further

The National Labor Relations Board’s decision in HTH Corporation, 361 NLRB No. 65 (2014), re-affirms the Board’s intent to impose aggressive, unprecedented remedies.  In this case, the Board openly signaled that it has not yet reached the outer limits of its authority, and is prepared to go even further.  All five Board members denounced the employer, operator of a hotel in Honolulu, finding a repeated failure to comply with Board and court orders over ten years.  Those orders stemmed from a litany of unfair labor practice charges, including bad faith...

Board Deems Employees' Lengthy and Detailed Social Media Comments Unprotected

After years of NLRB decisions protecting employees’ profanity-laced tirades and outright threats against management in social media stream-of-consciousness posts, the Board recently said “no.”  In Richmond District Neighborhood Center, 361 NLRB No. 74 (2014), the NLRB upheld the ALJ’s decision that two employees’ Facebook plan for insubordination veered into the land of “unprotected” activity under the NLRA.  At the close of the school year, employees of a teen center anonymously submitted the pros and cons of working at the center....

HELP Committee to Consider New NLRB Nominee Next Week

In an effort to expedite confirmation of Lauren McFerran to serve as a Member of the National Labor Relations Board, the Senate Committee on Health, Education, Labor and Pensions (HELP) has scheduled a full committee hearing for next Thursday, November 20 to discuss her candidacy. In a surprise move, on November 12 President Obama withdrew his nomination of former NLRB recess appointee Sharon Block and nominated the HELP Committee's chief labor counsel to replace outgoing member Nancy Schiffer, whose term expires on December 16, 2014. Assuming the HELP Committee, which comprises...

President Reportedly Withdraws Sharon Block's NLRB Nomination

Perhaps sensing former recess appointee Sharon Block's confirmation to the National Labor Relations Board would be an uphill battle, President Obama has reportedly announced that he is withdrawing her nomination. In her stead, as reported by Edward-Isaac Dovere of Politico, the President will name Lauren McFerran, chief labor counsel for the Senate Committee on Health, Education, Labor and Pensions, as his choice to be the fifth Board member. Continue reading this entry at Littler's Workplace Policy Update.

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Format: 2014-11-23
Format: 2014-11-23