The New NLRB Representation Case Rule

Labor & Employment Law Practice Group Teleforum March 27, 2015 01:00 PMFederalist Society Teleforum Conference Call

On December 15, 2014, the National Labor Relations Board published a final rule amending its representation case procedures, which will become effective on April 14, 2015. According to the Board, the final rule retains the essentials of existing representation case procedures but removes “unnecessary barriers to the fair and expeditious resolution of representation cases.” Among other things, the rule shortens the election process to as few as 14 days from the current median time of 38 days, requires employers to give unions employees’ personal telephone numbers and email addresses, and makes post-election appeals discretionary with the Board rather than as of right.

The final rule has been challenged in lawsuits brought by employer associations in the U.S. District Courts for the District of Columbia and Western District of Texas. The complaints allege that the rule will restrict communication between employers and employees before an election, depriving employers of due process and speech rights and employees of information needed to decide intelligently how to vote.

The final rule and the legal challenges will be discussed in this Teleforum.

  • Homer L. Deakins, Jr., Chairman Emeritus, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
  • Brent Garren, Deputy General Counsel, Local 32BJ, Service Employees International Union
  • Hon. John N. Raudabaugh, former member, National Labor Relations Board, Reed Larson Professor of Labor Law, Ave Maria School of Law, National Right To Work Legal Defense Foundation

Obama's Upside-Down Presidency

Austin Lawyers Chapter March 27, 2015 12:00 PMSullivan's Steakhouse
300 Colorado St, Ste 200
Austin, TX 78701


  • Professor John Yoo

Wickard v. Filburn

Harvard Student Chapter March 27, 2015 12:00 PMCambridge, MA 02138


  • Professor Gary Lawson, Boston University Law
  • Professor Jacob Gersen, Harvard Law

Environmental Protection Agency Back in the Supreme Court: Michigan v. EPA

Environmental Law & Property Rights Practice Group Courthouse Steps Teleforum March 26, 2015 03:00 PMFederalist Society Teleforum Conference Call

On March 25, the United States Supreme Court will hear oral arguments in Michigan v. Environmental Protection Agency. The case is comprised of three consolidated petitions, one from a group of 21 states, one from the trade group for electrical power plants, and one from the trade group for suppliers of coal to these plants. The Court will answer “Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities.”

  • Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law

The Future of Domestic Drone Policy

Southern California Student Chapter March 26, 2015 12:00 PMLos Angeles, CA 90089


  • Professor Greg McNeal, Pepperdine Law
  • Professor Alex Lee, Southern California Law