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Legislative Update for the Week of June 28

Leg Roundup Image 132 by 140.jpgNLRB Explains How It Will Address Two-Member Decisions
In the wake of the recent Supreme Court decision holding that the National Labor Relations Act requires that the National Labor Relations Board (NLRB) must operate with at least three members in order to exercise its full authority, the NLRB has issued a roadmap explaining how it will handle cases sent back to the agency that were decided by only two acting members. Read the full post here. (July 2)

House Passes Appropriations Bill that Includes Public Safety Personnel Collective Bargaining Rights
The House of Representatives approved the Supplemental Appropriations Act of 2010 that included an amendment incorporating the Public Safety Employer-Employee Cooperation Act, which would provide firefighters, police officers, and emergency medical personnel with collective bargaining rights in states and localities that do not currently provide them; establish minimum standards for collective bargaining rights for these groups; and give the Federal Labor Relations Authority the power to regulate and enforce these rights. Read the full post here. (July 2)

House Clears Financial Reform Bill
The House voted 237-192 to approve the Dodd-Frank Wall Street Reform and Consumer Protection Act, the massive financial overhaul legislation otherwise known as the "Wall Street" reform bill. Read the full post here. (July 1)

Draft Mine Safety Legislation Includes Protecting America's Workers Act Provisions
Members of the House and Senate appear to be using proposed legislation drafted in response to recent mine and oil spill disasters as a vehicle to push broader Occupational Safety and Health Administration reform provisions contained in the Protecting America's Workers Act. Read the full post here. (July 1)

Constitutional Basis for Enacting Bill Granting Public Safety Employees Bargaining Rights Not Sound, Says Report
A recent report published by the Congressional Research Service has called into question lawmakers' claims that the Constitution's commerce clause provides legislators the authority to enact the Public Safety Employer-Employee Cooperation Act. Read the full post here. (June 30)

Supreme Court Agrees to Hear Cases Challenging Arizona Immigration Law, Third-Party Retaliation Claims
The U.S. Supreme Court agreed to decide Chamber of Commerce of the U.S. of America v. Candelaria, to determine whether Arizona's Legal Arizona Workers Act is preempted by federal law, and Thompson v. North American Stainless, to determine whether Title VII prevents an employer from taking adverse actions against a third party for an employee's protected activity (e.g., terminating employee's wife, who is also an employee, after husband filed complaint), and whether the third party can sue the employer. Read the full post here. (June 30)

Supreme Court Upholds Validity of Provision Delegating Contract Enforceability Authority to Arbitrator
The U.S. Supreme Court ruled 5-4 in Rent-a-Center v. Jackson that the Federal Arbitration Act permits parties to delegate authority to an arbitrator to determine whether the contract at issue is unconscionable. Read the full post here. (June 29)

Financial Reform Bill Contains Several Provisions Impacting the Workplace
The Dodd-Frank Wall Street Reform and Consumer Protection Act, otherwise known as the "Wall Street" or "Financial Reform" bill, contains numerous workplace-related provisions, such as executive compensation regulation, arbitration limitations, and provisions that extend and strengthen current whistleblower protection laws. Read the full post here. (June 29)

Judge's Order Allows New National Mediation Board Election Rule to Take Effect as Scheduled
A federal court judge issued an order that will effectively permit the National Mediation Board's final rule to proceed as planned, i.e., results of representation elections will be determined by the majority of votes cast, thereby changing its 75-year-old policy requiring a majority of all impacted employees. Read the full post here. (June 29)

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