Wyatt Employment Law Report


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U.S. Supreme Court Finds that Lafe Solomon’s Service as Acting NLRB General Counsel Violated the FVRA

By Courtney Samford

On March 21, 2017, the U.S. Supreme Court finally resolved the issue of Lafe Solomon’s role as Acting General Counsel of the NLRB in National Labor Relations Board v. SW General, Inc.  In an opinion authored by Chief Justice Roberts, the Supreme Court held that Solomon’s position as Acting General Counsel violated The Federal Vacancies Reform Act of 1998 (“FVRA”) once he was nominated by then President Obama for the permanent position.  Generally, Article II of the U.S. Constitution requires the President to obtain Senate approval to appoint “Officers of the United States,” but the FVRA allows the President to appoint a limited class of individuals to serve as acting officers on a temporary basis until a replacement can be confirmed by the Senate.  Pursuant to the FVRA, certain individuals who are nominated for a permanent position may not serve as an acting officer.

In June 2010, a vacancy arose in the general counsel position for the NLRB.  Then President Obama appointed Solomon to serve as Acting General Counsel on a temporary basis, and several months later, nominated him to serve as the General Counsel.  Solomon’s temporary position did not require Senate confirmation, but the permanent position did.  However, the Senate refused to act on Solomon’s nomination, and Obama was forced to Continue reading


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Acting NLRB General Counsel Issues New Guidelines for Seeking Section 10(j) Interim Relief in Connection with Discharges Occurring during Union Organizing Campaigns

By Edwin S. Hopson

On September 30, 2010, the NLRB Acting General Counsel announced an initiative to more quickly respond to charges filed when employees are discharged during a union organizing campaign. Henceforth, in all cases found to have merit by the NLRB regional directors, the General Counsel’s office in Washington, D.C. will review the case to determine if seeking a federal injunction compelling reinstatement of the employee would be appropriate pending litigation of the underlying unfair labor practice case. The injunction would be sought under Section 10(j) of the National Labor Relations Act once authorized by the Board.  Continue reading


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President Obama Names Lafe Solomon Acting General Counsel at the NLRB

By Edwin S. Hopson

The National Labor Relations Board announced on June 21, 2010, that Lafe E. Solomon, a career NLRB attorney, has been named Acting General Counsel by President Obama, replacing Ron Meisburg who resigned to return to private law practice. Solomon had most recently been Director of Representation Appeals at the NLRB. 

 According to the Board’s press release, Solomon began his Agency career as a field examiner in Seattle in 1972. After obtaining his law degree, Solomon took an attorney position in the NLRB’s Office of Appeals. He later transferred to the Appellate Court Branch.  After two years, Solomon left the General Counsel side of the Board and joined the staff of former Board Member Don Zimmerman. He also worked on the staffs of Board Members Donald Dotson, Robert Hunter, John Higgins, James Stephens, Mary Cracraft, John Raudabaugh, William Gould, Sarah Fox and current Chairman, Wilma Liebman.

 The NLRB General Counsel is the Board’s top investigative and prosecutorial position, and has supervisory authority over all Regional Offices across the country.  He also guides policy on issuing complaints, seeking injunctions, and enforcing the Board’s decisions.