Management Memo

Earlier this week the Senate confirmed Richard Griffin as NLRB General Counsel.  As we have noted previously in greater detail, Griffin’s appointment was controversial, having been unconstitutionally appointed as a Board Member and, to the ire of Republicans, seemingly thumbed his nose and multiple Courts of Appeals which ruled he and the other recess appointments did not have the authority to act.

In an anti-climactic end to several years of NLRB appointment Senate wrangling, Griffin was confirmed Tuesday in a party line vote.  He now becomes the first confirmed ...

The NLRB has issued an announcement, explaining  how it will recalculate deadlines for filings and submissions in light of the federal government’s 16 day shutdown earlier this month. As we reported at the time of the shutdown the NLRB sua sponte granted parties a one day extension for each day that the Board was closed.

In its announcement dated October 17, 2013, the Board explained that the extensions will apply for all pending matters and not just those due dates that fell during the shutdown period.  There is a one day extension for “each day on which the Agency’s offices are ...

By: Steven M. Swirsky

The NLRB has advised its employees in a message posted on the Employee Information section of its website that the Agency has initiated a process to resume full operations. As such, all employees should make every effort to return to work on Thursday, October 17, 2013. This reflects the fact that, as the Board has informed its employees who may not have been following developments in Washington too closely, that “late last night President Obama signed legislation to extend the nation's debt limit and end the partial shutdown of the federal government.”

As we ...

by:  Steven M. Swirsky, Adam C. Abrahms, and D. Martin Stanberry

On Monday October 1, 2013, the Board published a Notice in the Federal Register  to the NLRB’s website that supplements the effects of the Contingency Plan that we examined at outset of the government shutdown and NLRB furlough. Significantly, the Notice answers some of the important practical questions confronting employers, unions and employees with business before the Board.

With respect to time limits for filings with the agency, according to the Notice, the Board has unilaterally granted an extension of the ...

By: Steven M. Swirsky, Adam C. Abrahms, and D. Martin Stanberry

The shutdown of the federal government that took effect at 12:01 a.m. Tuesday October 1^st has shut down all non-essential operations of the US government, including those of the National Labor Relations Board (Board or NLRB).

The Board’s Contingency Plan for Shutdown in the Absence of Appropriations (“Contingency Plan”)  is now in effect, effective today.  It details how the shutdown will impact the NLRB’s operations and what the shutdown means for employers, employees and unions with unfair labor practice ...

by: Adam C. Abrahms, Kara M. Maciel, Adam C. Solander, and Steven M. Swirsky

On September 13, 2013, the Obama Administration rejected the union movement’s intense  lobbying efforts to seek a waiver, so that their members would be able to receive tax subsidies in the Affordable Care Act (“ACA”) Marketplaces for those of their members who will be offered “affordable coverage” from their employers.

Beginning January 1, 2015, the ACA requires that large employers offer affordable health coverage that provides minimum value to their “full-time employees” (those working ...

By Adam C. Abrahms, Steven M. Swirsky, and D. Martin Stanberry

On Tuesday, August 20th, in an opinion that follows in the wake of Noel Canning, United States District Judge Benjamin H. Settle dismissed an injunction petition filed by Ronald Hooks, a Regional Director  of the National Labor Relations Board, on the grounds that he was “without power” to issue the underlying unfair labor practice complaint.

The Regional Director had initially filed the petition with the District Court in June in an effort to obtain a temporary injunction that would, among other things, have ...

On August 1st President Obama made a bold statement by appointing Richard Griffin to serve as the NLRB's General Counsel only three days after the former union lawyer vacated his unconstitutional recess appointment as a NLRB Board Member. The President statement by appointment made at least two things clear -

1. The President wants an aggressive pro-labor General Counsel and NLRB, and
2. The President values advancing the labor agenda over cooperation with the US Senate.

As we discussed here on July 30th the Senate confirmed a full Board for the first time in a decade as a result of a "deal" in ...

By: Adam C. Abrahms and Stephanie R. Carrington

Since California’s implementation of legislation setting minimum nurse-to-patient staffing ratios in 2004, the issue of nurse staffing has been slowly but surely creeping its way into other states’ legislation, attempts at federal legislation, and of course, into more union contracts.

When it comes to requirements for hospital staffing ratios, federal regulations provide only that hospitals participating in Medicare have “adequate numbers” of nurses and other personnel to provide nursing care.  But some states have ...

A recent article in Bloomberg BNA's Health Insurance Report will be of interest: "ACA's Employer 'Pay or Play' Mandate Delayed - What Now for Employers?" by Frank C. Morris, Jr., and Adam C. Solander, colleagues of ours, based in Epstein Becker Green's Washington, DC, office.

Following is an excerpt:

The past few weeks have changed the way that most employers will prepare for the employer ‘‘shared responsibility'' provisions of the Affordable Care Act (ACA). Over the past year or so, employers have scrambled to understand their obligations with respect to the shared ...