• About Us
  • News
  • Join H&S
    • Careers
    • Merge With H&S
  • Contact Us
  • 1-800-924-6891
H&S Companies
  • Home
  • About Us
  • News
  • Our Services
      •   Accounting
      •   Fraud & Forensics Investigation
      •   Payroll Services
      •   Assurance & Attestation
      •   Hospitality Specialists
      •   Pension Administration
      •   Business Consulting
      • I.T. Strategy & Consulting
      •   Strategic Planning
      • Business Valuations
      •   Lean Process Improvement
      • Research and Development Tax Credit
      •   Controller Services
      • Taxes
      •   Manufacturing Specialists
      •   Wealth Management
  • Client Tools
    • Client Login
    • Forms & Resources
    • File Upload
    • Upload Tax Documents
  • Locations
      • Big Rapids
      • Cadillac
      • Fremont
      • Grand Rapids – Cascade
      • Grand Rapids – West
      • Greenville
      • Hart
      • Lansing
      • Mount Pleasant
      • Muskegon
      • Reed City
      • Rockford
  • Forms & Resources
  • Client Login
  • File Upload
  • Pay Your Bill
  • Careers
  • Contact Us
  • 1-800-924-6891
  • Menu Menu

2012 NLRB Rulings Could Be Invalidated

January 31, 2013/in Locations & Services /by revel


Tweet

nlrb-invalid-hs-companies

On January 25, 2013, the Court of Appeals for the District of Columbia ruled that the appointments made during that time were unconstitutional.

On January 9, 2012, three recess appointments to the National Labor Relations Board (NLRB), made by President Barack Obama, were sworn into service. However, it has been determined that during the time the recess appointments were made, the Senate, who normally has to confirm presidential appointments, was not in a formally-declared recess. Instead, they were holding pro forma sessions during which they met every couple days and were conducting limited Senate business.

On January 25, 2013, the Court of Appeals for the District of Columbia ruled that the appointments made during that time were unconstitutional. The ruling of Noel Canning v. The National Labor Relations Board determined that the NLRB lacked a sufficient quorum in order to conduct proper business. In order for the NLRB to make rulings, it must have at least three valid appointments.

The ruling of this case will have a substantial impact on businesses across the country. While the ruling isn’t final — the President can appeal to the U.S. Supreme Court, and the Senate can change the rules concerning the appointment process — it does temporarily invalidate many controversial decisions made by the board since January 9, 2012. These rulings include such topics as:

  • Termination of employees for postings to social media sites
  • Witness statements made to the union, reimbursement of higher taxes paid due to back pay awards
  • Continuation of dues check-off after expiration of a CBA
  • Limitations on employee discussions of internal investigations
  • Disregarding of employer arbitration procedures.

 
Many employers felt that the NLRB has overstepped its bounds by making rulings on cases that don’t normally concern the NLRB and aren’t thought of to impact an employee’s Section 7 rights under the National Labor Relations Act.

Check back to hscompanies.com often as we will be following appeals and rulings concerning this issue closely.

For more information on how these rulings could affect your business, contact H&S Companies HR Manager Travis Sinquefield.

Travis Sinquefield
HR Manager
616.735.3088
traviss@hscompanies.com


 
 
Read the full text of the ruling.

Tags: NLRB Ruling
Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on LinkedIn
  • Share by Mail
https://www.hscompanies.com/wp-content/uploads/2017/11/HS-logo-edit.png 0 0 revel https://www.hscompanies.com/wp-content/uploads/2017/11/HS-logo-edit.png revel2013-01-31 19:39:082018-03-27 20:43:422012 NLRB Rulings Could Be Invalidated

Recent Posts

  • Targeted EIDL Advance Update
  • Tax Filing Season Begins February 12th!
  • H&S 2021 Tax Newsletter
  • Maximize the Impact of 2020 Year-End Giving
  • H&S Holiday Message

Categories

  • Affordable Care Act Tips + Updates
  • Articles
  • Committed to Our Communities
  • Fraud and Forensic Investigation
  • Locations & Services
  • Media
  • Newsletters
  • Press Releases
  • QuickBooks Tips
  • Tax Checklist
  • Tax Tips
  • Uncategorized
CPA's & Business Advisors
Need Help?
Pay your Bill

About Us | Our Services | Forms & Resources | 1-800-924-6891

Remote Desktop Server – Internet Explorer | Remote Desktop Server – Non Internet Explorer | Uniprint Client

Copyright © 2021 H&S Companies. Site by CurlyHost.

PPACA Newsletter Where Is My Refund?
Scroll to top