The NLRB: Looking Forward
December 13, 2013
Richard Griffin was confirmed General Counsel of the NLRB by the Senate on October 29, 2013. Griffin, a former general counsel for the International Union of Operating Engineers, had served as an NLRB board member in a controversial recess appointment made by President Obama.
As the Board's top official managing its investigative and prosecutorial functions, Mr. Griffin has tremendous discretion in what legal issues he will emphasize in issuing complaints and litigating cases before the Board and the courts. Mr. Griffin also will be bringing cases before the first fully confirmed five-member board in more than a decade and should not face the procedural or constitutional challenges that affected the Board during his tenure as a board member.
In this forum, Mr. Griffin will present his vision on the challenges he faces in his position and what new initiatives he is considering, and how these will affect workers, employers, and labor law.
Providing commentary are:
- Amy Gladstein, Partner, Gladstein, Reif and Meginniss LLP
- Ronald Meisburg, Partner, Proskauer Rose LLP, and former NLRB General Counsel and Board Member
- Advice Memo United Food and Commercial Workers International Union Walmart Stores, Inc. 16-CB-099612 (November 15, 2013) (PDF, 92 KB)
- Advice Memo Walmart Stores, Inc. 13-CA-99526 (August 14, 2013) (PDF, 84 KB)
- Alan Ritchey, Inc. and Warehouse Union Local 6, International Longshore and Warehouse Union, AFL-CIO, 359 NLRB 40 (2012) (PDF, 177 KB)
- Banner Health Systems d/b/a Banner Estrella Medical Center and James A. Navarro, 358 NLRB 93 (2012) (PDF, 134 KB)
- Fresenius USA Manufacturing, Inc. and International Brotherhood of Teamsters, Local 445, 358 NLRB 138 (2012) (PDF, 261 KB)
- Guide Dogs for the Blind, Inc. and Office and Professional Employees International Union, Local 29, 359 NLRB 151 (2013) (PDF, 128 KB)
- D.R. Horton, Inc. v. NLRB, 12-60031 (2013) Cout of Appeals for the Fifth Circuit (PDF, 6 MB)
- Hyundai America Shipping Agency, Inc. and Sandra L. McCullough, 357 NLRB 80 (2011) (PDF, 233 KB)
- Massey Energy Company and its Subsidiary, Spartan Mining Company d/b/a Mammoth Coal Company and United Mine Workers of America, 358 NLRB 159 (2012) (PDF, 480 KB)
- Meisburg, Ronald, “Office of the NLRB General Counsel: A Retrospective, 2006-2010” in Resolving Labor and Employment Disputes, A Practical Guide, Proceedings of the New York University 63rd Annual Conference on Labor (PDF, 2 MB), edited by Ross E. Davies, series editor, Samuel Estreicher. Wolter Kluwer, Law & Business
- NLRB Office of the General Counsel Authorizes Complaints Against Walmart, Also Finds No Merit to Other Charges, NLRB news release (12/6/2013) (PDF, 557 KB)
- Non-Acquiescence Letter re: Industrial Turnaround Corp. and Electrical/Mechanical Services v. NLRB (4th Circuit), 5-CA-23392 & 5-CA-23915 (1997) (PDF, 3 MB)
- Specialty Healthcare and Rehabilitation Center of Mobile, Inc. and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy Allied-Industrial and Service Workers International Union, AFL-CIO/CLC, 357 NLRB 174 (2011) (PDF, 117 KB)
- Stella D'oro Biscuit Company, Inc. and Local 50, Bakery, Confectionery, Tobacco Workers and Grain Millers International, AFL-CIO, 355 NLRB 158 (2010) (PDF, 282 KB)
- University of Pittsburgh Medical Center and its Subsidiaries UPMC Presbyterian Shadyside and Magee-Womens Hospital of UPMC, Single Employer, d/b/a/Shadyside Hospital and/or Presbyterian Hospical and/or Montifiore Hospital and/or Magee-Womens Hospital, and SEIU Healthcare Pennsylvania, CTW CLC, ALJ Decision, 06-CA 081896 (2013) (PDF, 5 MB)
- WKYC TV, Inc. and National Association of Broadcast Employees and Technicians, Local 42 a/w Communication Workers of America, AFL-CIO, 359 NLRB 30 (2012) (PDF, 176 KB)