James M. Walters

Jim Walters is a senior partner in the Atlanta office of the law firm Fisher & Phillips. His practice has a strong emphasis on the representation of employers under the two principal federal labor laws, the National Labor Relations Act and the Railway Labor Act. In addition to representing employers in various industries in both collective bargaining and arbitration matters, he devotes a substantial amount of his time to defending companies charged with unfair labor practices or similar claims in cases before the NLRB, the NMB and numerous federal courts. Contact him at jwalters@laborlawyers.com.

Articles by James M. Walters

HR News & Trends, Legal Issues

What Does the Appeals Court Decision Mean For the NLRB?

nlrb

By James M. Walters

Last Friday, the U.S. Court of Appeals for the District of Columbia Circuit issued a long-awaited ruling refusing to enforce the National Labor Relations Board’s bargaining order against a petitioning employer. The basis for the court’s decision was the improper appointment of three members of the NLRB (see Noel Canning v. NLRB).

The Appeals Court opinion was authored by Chief Judge David Sentelle, and joined by Judge Karen LeCraft Henderson and Judge Thomas Griffith (who concurred in the opinion). This decision was unique, in that it was ultimately decided on purely constitutional grounds, holding that President Barack Obama’s attempted recess appointments of three NLRB members in January of 2012 were constitutionally impermissible. Read more…

HR News & Trends, Legal Issues

Court Invalidates Sections of NLRB’s Rule on Employee Rights Poster

NLRB-Employees-Rights-Notice

By James M. Walters

On Friday (March 2), Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia invalidated key provisions of the National Labor Relations Board‘s “Notification of Employee Rights” rule, under which all covered employers would have been required after April 30 of this year to post an 11″ x 17″ poster, or else to face possible legal consequences.

While she left the actual posting requirement intact, she ruled that the proposed penalties attached to the Board’s rule were unlawful under the National Labor Relations Act (NLRA). Read more…