Constitutional Law, Election & Politics Law, Labor & Employment Law

No Opposition Expected to SG’s Certiorari Petition in Noel Canning

by Keith R. Fisher | Ballard Spahr LLP on 5/21/2013

As we reported earlier, the Solicitor General of the United States (SG) has filed in the U.S. Supreme Court a petition for a writ of certiorari to the U.S. Court of Appeals for the District of Columbia Circuit in Noel Canning...more

Legal Alert: Another Federal Court Invalidates The Recess Appointment Of An NLRB Member

by FordHarrison on 5/21/2013

In a 2-1 decision, the Third Circuit has held that the President's recess appointment of Craig Becker to the National Labor Relations Board was invalid because he was not appointed during an intersession break of Congress as...more

Third Circuit Holds Another Recess Appointment Unconstitutional: Implications for the CFPB

by Michael Mallow, Michael Thurman | Loeb & Loeb LLP on 5/20/2013

Just two months after the District of Columbia Circuit Court of Appeals ruled in Canning v. National Labor Relations Board that President Barack Obama's January 2012 appointment of three new members of the National Labor...more

Second Appellate Court Holds NLRB Recess Appointments Unconstitutional

by Denise Keyser, Mark Kowal | Ballard Spahr LLP on 5/20/2013

Yesterday, in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit became the second circuit to hold that intrasession recess appointments violate the Recess Appointments Clause (RAC)...more

Third Circuit Holds Craig Becker’s NLRB Recess Appointment Unconstitutional

by Morgan Lewis on 5/20/2013

A second federal appellate court holds that President Obama's NLRB recess appointments were invalid and potentially calls into question every Board decision since March 2010....more

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

by Doug Hass, Christopher A. Johlie | Franczek Radelet P.C. on 5/17/2013

In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National...more

Third Circuit Sides With D.C. Circuit’s Determination That Recess Appointments Are Unconstitutional

by Matthew J. Kelley | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2013

Today, in a 102-page decision, the Third Circuit Court of Appeals dealt the National Labor Relations Board (NLRB) a significant blow and gave employers another victory in their attempts to have President Obama’s recess...more

Third Circuit Holds Former NLRB Member Becker’s Recess Appointment Invalid, Vacates NLRB Decision Made In August, 2011

by Ronald Meisburg | Proskauer - Labor Relations on 5/17/2013

The United States Court of Appeals for the Third Circuit has held that the President’s recess appointment power is limited to intersession recesses, i.e., those recesses which occur (if they occur at all) between sessions of...more

NEWS FLASH: Third Circuit agrees with D.C. Circuit reading of Recess Appointments Clause

by Barbara S. Mishkin | Ballard Spahr LLP on 5/17/2013

The dark cloud that has been hanging over CFPB Director Richard Cordray’s recess appointment just got darker. In a 2-1 decision in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit...more

Labor Letter, May 2013: The NLRB's Quorum Quandary

by Laurel Cornell, Erin Sweeney | Fisher & Phillips LLP on 5/10/2013

The ongoing saga over composition of the National Labor Relations Board took several twists last month, and uncertainty continues to swirl around the agency’s authority to do business. As of today, the Board consists of...more

More Controversy With the National Labor Relations Board

by Eric Holshouser | Fowler White Boggs P.A. on 5/9/2013

On January 25, 2013, the United States Court of Appeals for the District of Columbia in Noel Canning v. NLRB held that National Labor Relations Board (“NLRB”) orders issued since January 2, 2012 are unenforceable....more

The S.G.’s Cert. Petition in Noel Canning; No Opposition Will Be Filed

by Keith R. Fisher | Ballard Spahr LLP on 5/7/2013

As reported in last week’s news flash, the Solicitor General (S.G.), as expected, has, on behalf of the NLRB, filed in the Supreme Court a petition for a writ of certiorari to the D.C. Circuit in the Noel Canning case. As we...more

Why Non-Unionized High Tech Companies Still Need to Pay Attention to the National Labor Relations Board

by Valerie Menager | Carr, McClellan, Ingersoll, Thompson & Horn -... on 5/1/2013

Overview - The National Labor Relations Board (NLRB) is the agency that administers the National Labor Relations Act (NLRA), which is the law that protects employee rights to unionize and collectively bargain with...more

Proposed Bill Would Create Chaos for Employers and Constitutionalize Common Workplace Grievances

by Daniel A. Schwartz | Pullman & Comley, LLC on 5/1/2013

Employers: If there is one proposed bill at the Connecticut General Assembly to be concerned about this year, it is the stealth House Bill 6667. It could have the single biggest impact on employer/employee relations in a...more

Obama Administration Seeks Supreme Court Review Of Recess Appointment Decision

by BuckleySandler LLP on 5/1/2013

On April 25, the DOJ and the National Labor Relations Board (NLRB) filed a petition seeking U.S. Supreme Court review of the D.C. Circuit Court’s January 25, 2013 decision invalidating the appointment of three NLRB members....more

U.S. Government Formally Seeks Supreme Court Review Of Recess Appointment Case

by Mark Theodore | Proskauer - Labor Relations on 4/29/2013

As noted here earlier, the government announced its intention to seek Supreme Court review of the DC Circuit decision which held that the President’s recess appointments to the NLRB were unconstitutional. The 138 page...more

NEWS FLASH: Government seeks Supreme Court review of D.C. Circuit’s Noel Canning decision

by Keith R. Fisher | Ballard Spahr LLP on 4/26/2013

A petition for certiorari seeking review of the D.C. Circuit’s January 2013 decision in Noel Canning vs. NLRB has been filed in the U.S. Supreme Court. That decision, which we have blogged about before, held that President...more

Analysis: Controversy Surrounding Obama’s NLRB Recess Appointees

by Peter Felsenfeld | Barger & Wolen on 4/22/2013

As an employer, you may be perplexed by the flap over President Obama’s recess appointments to the National Labor Relations Board (“NLRB”) and concerned about what it all means for business....more

President Obama To Abandon Recess Appointees to the NLRB

by Peter Felsenfeld | Barger & Wolen on 4/12/2013

The drama surrounding President Barack Obama’s recess appointments to the National Labor Relations Board (“NLRB”) took an unexpected twist this week as the President announced his intention to nominate three new members....more

Obama’s NLRB Package of Nominees Unlikely to be Confirmed

by Harold P. Coxson | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/11/2013

On April 9, 2013, President Obama announced his intention to nominate three members to the National Labor Relations Board (NLRB), renominating current Democratic NLRB Chairman Mark Gaston Pearce, whose term expires on August...more

Congressional Research Service issues two reports on Canning decision

by Barbara S. Mishkin | Ballard Spahr LLP on 4/10/2013

The D.C. Circuit’s January 2013 decision in Noel Canning v. NLRB is the subject of two recently-issued reports by the Congressional Research Service. The decision held that President Obama’s recess appointments of three...more

Supreme Court To Hear Case On Michigan Affirmative Action Ban

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 4/9/2013

The Supreme Court has agreed to hear another major affirmative action case, Schuette v. Coalition to Defend Affirmative Action, No. 12-682. At issue is the legality of Michigan's voter-approved ban of using racial preferences...more

Employment Law Blog: The Continuing Saga of the NLRB Recess Appointments and Fallout

by Becky Knutson | Davis Brown Law Firm on 3/22/2013

On January 25, 2013, the United States Court of Appeals for the D.C. Circuit published an opinion in Noel Canning v. National Relations Board, Case No. 12-1115. The case arose out of a dispute between employer Noel Canning, a...more

NLRB to Appeal Noel Canning Decision Directly to U.S. Supreme Court

by John T. Merrell | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2013

The National Labor Relations Board (NLRB) issued a short statement on March 12, 2013, indicating its intention to file a petition for certiorari with the United States Supreme Court seeking review of the U.S. Court of Appeals...more

NLRB Appeals Noel Canning Decision To The Supreme Court

by Doug Hass | Franczek Radelet P.C. on 3/13/2013

As we discussed at the end of January, in Noel Canning, the D.C. Circuit ruled that the recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the NLRB were...more

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Constitutional Law › Election & Politics Law › Labor & Employment Law