Another Appeals Court Strikes Down NLRB Notice Posting Rule By Stephen R. McCutcheon, Jr. The National Labor Relations Board’s controversial rule requiring employers to post a notice of employee rights under the National Labor Relations Act was held to be illegal by a second appellate court on June 14, 2013.  Previously, the influential Circuit Court of … More NLRB Posting Rule Held Invalid by Fourth Circuit

United States Supreme Court Denies Review of California Laws Providing Preferential Treatment To Trespassing by Picketers By Stephen R. McCutcheon, Jr. The United States Supreme Court issued an order this morning denying review in Ralphs Grocery Co. v. United Food and Commercial Workers Union Local 8. The denial of review allows the continued enforcement of two California … More U.S. Supreme Court Declines to Hear Ralphs Grocery v. UFCW

  U.S. Appellate Court Strikes Down NLRB Posting Rule By Stephen R. McCutcheon, Jr. Posted: May 8, 2013 The U.S. Circuit Court of Appeals for the D.C. Circuit dealt another setback to the National Labor Relations Board on Tuesday. In response to declining union membership, the Board adopted a controversial rule requiring each and every employer … More NLRB Posting Rule Held Invalid

Many may recall last year’s Black Friday picketing at Wal-Mart stores and Wal-Mart’s filing of an unfair labor practice charge against the UFCW, the union that organized the picketing. Wal-Mart claimed the Union had violated the National Labor Relations Act by picketing in order to gain union recognition for more than 30 days, without filing … More Wal-Mart Black Friday Picketing Settlement — What Next?

  Does a Flip-Flopping Department of Labor Deserve Any Deference? The laws passed by Congress often contain significant gaps in how they are to be implemented, and contain ambiguous language subject to different interpretations.  These ambiguities are most often resolved through the adoption of administrative regulations and interpretive guidance.  The courts have traditionally given executive … More Flip-flopping regulations and administrative agendas