Labor Relations 

Supreme Court Asked to Review, Reverse 'Recess Appointment' Decision
If left in place, a high-profile court of appeals decision could "dramatically curtail the scope of the president's authority under the Recess Appointments Clause," according to an April 25, 2013, petition by Solicitor General Donald Verrille Jr., who petitioned the U.S. Supreme Court to review the decision.

D.C. Circuit Overturns NLRB Poster Requirement
The National Labor Relations Board (NLRB) violated the National Labor Relations Act (NLRA) when it made an employer's failure to display a poster about employees' right to join unions an unfair labor practice, the U.S. Circuit Court of Appeals for the D.C. Circuit held.

House Passes Bill to Suspend NLRB Activity
The House of Representatives passed legislation that would require the National Labor Relations Board (NLRB) to end any activities that need a three-member quorum for approval. While the board has three members, the status of two is in question.

Obama Nominates Three to the NLRB
President Barack Obama nominated two Republicans and a Democrat to serve on the National Labor Relations Board (NLRB). If confirmed, the three nominations would bring the NLRB up to a full contingent of five members.  

D.C. Circuit Strikes Down President's Recess Appointments to NLRB
In a decision emphasizing the Constitution’s reference to the word “the” as used in “the recess” in the Constitution’s Recess Appointments Clause, a panel of the U.S. Circuit Court of Appeals for the D.C. Circuit ruled that President Obama had no authority to fill three of the National Labor Relations Board (NLRB)’s five seats on Jan. 4, 2012, after Congress began a new session on Jan. 3 and while that new session continued.

Union Membership Rises in 13 States and D.C.
Union membership across the nation fell in 2012, but the number of employed union members rose in 13 states plus the District of Columbia, and the number of union members increased in many professions, the U.S. Bureau of Labor Statistics reported.

Mum's the Word? Rethinking Confidentiality in Internal Investigations
Seasoned HR professionals know that these internal investigations are high-stakes and highly emotional for both the accuser and the accused. As a result, HR investigators routinely ask those involved in internal investigations to refrain from discussing the investigation with anyone until after the process is completed. Increasingly, however, the National Labor Relations Board is inserting itself into this arena in the name of employees' right to engage in concerted activity.