With President Trump's nominees to the NLRB heading toward confirmation, the labor board management and unions have been familiar with for nearly 8 years is about to change dramatically. With Republicans on the cusp of holding three of the five seats on the board, A substantial number of controversy all decisions issued by the Obama board will be reversed in the next 12 to 18 months. Among those decisions are rulings on arbitration provisions, use of employer communication systems, and the scope of section 7 rights. Stay tuned.
Jonathan Nadler, a graduate of the University of Virginia School of Law, is currently a Member at Eckert Seamans in Philadelphia, Pennsylvania. Representing employers at all stages of labor and employment law matters, Jonathan Nadler also is a past President of the Philadelphia Chapter of the Labor & Employment Relations Association.
Founded in 1947, the Labor & Employment Relations Association (LERA) serves academics and professionals in many different areas of labor, management, employment, human resources, and public policy studies, among others. LERA held its 66th annual meeting on May 29, 2014. Among the 450 attendees at the event in Portland, Oregon, were David Weil, the Department of Labor's wage and hour administrator, former LERA president Eileen Hoffman, and Wilma Liebman, former chair of the National Labor Relations Board. The meeting featured 75 panels, discussions, and workshops related to work and employment. Among the topics addressed by these panels and discussions were understanding new business models, enforcing minimum-wage laws, and protecting the rights of workers.
Jonathan Nadler belongs to the Philadelphia, Pennsylvania, chapter of the Labor and Employment Relations Association and serves as an attorney with Eckert Seamans Cherin & Mellot, LLC. As counsel for employers, Jonathan Nadler litigates cases in federal and state courts involving issues ranging from whistleblower claims to alleged Americans with Disabilities Act violations. Jon Nadler also represents clients in proceedings of the National Labor Relations Board (NLRB) alternative dispute resolution (ADR) program.
Composed of five members appointed by the U.S. president, the NLRB possesses authority to decide cases entailing allegations of unfair labor practices. The NLRB initiated a pilot ADR program in 2005 as an optional pathway toward settlement for parties with unfair labor practices cases in process before the board. During the pilot period, the program handled 44 cases and, in 60 percent of those negotiations, mediators assigned by the board guided parties to NLRB-approved settlements.
Following the success of the pilot program, ADR mediation became a permanently established program of the NLRB. Once engaged in the ADR program, proceedings of the case in question are suspended and the parties are provided 30 to 60 days to reach a settlement. If an agreement is not reached within this timeframe, or one of the participants chooses to opt out of ADR, the program is terminated and the case returns to conventional NLRB case processing.
In confidential discussions convened through the ADR program, parties or their representatives are brought together with a neutral mediator for in-person meetings or videoconferences. Until 2012, mediators were typically administrative law judges, but are now either contracted professionals from FMCS or the ADR program director. Intended to grant parties the advantage of reaching customized resolutions, the mediator holds no power to impose a settlement, but agreements reached typically require NLRB approval.
It is uncertain how the ADR program will proceed once President Trump's nominees to the Board take office.
Jonathan Nadler, an attorney at Eckert Seamans Cherin & Mellott, LLC, specializing in labor relations and employment litigation. In his recreational time, Jon Nadler can be found playing tennis and golf in and around Philadelphia.
Enthusiastic golfers in the Philadelphia region are spoiled for choice when it comes to beautiful course locations. Three of the most popular in the area include Cobb’s Creek Golf Club, Bala Golf Club, and Torresdale Frankford Country Club.
Cobb’s Creek Golf Course boasts two 18-hole public courses available for use. The award-winning Olde Course, established almost 100 years ago and designed by Hugh Wilson, has been ranked sixth in Golfweek Magazine’s list of Best Municipal Courses. The second course, known as Karakung, was originally designed by A.P. Corson and A.H. Smith with 11 holes and later expanded to 18..
The private Bala Golf Course is quite close to Philadelphia’s city center. Established in 1897 and designed by Charles Hickman and George Reach, the course is well-known for its challenging nature, and has hosted such prestigious golfing events as the 1952 US Women’s Open.
In northeast Philadelphia lies the Torresdale-Frankford Country Club, an amalgamation of two separate courses. The present course was built by Donald Ross. A private course, the Torresdale-Frankford Country Club has hosted national championships and is beautifully landscaped. On-site, the club also contains facilities for swimming, trap shooting, dining, and events.
A veteran attorney, Jonathan Nadler brings more than 15 years of experience to his position as Member at the Philadelphia offices of the national law firm Eckert Seamans Cherin & Mellott, LLC.