National Labor Relations Board › Recess Appointments

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five... more +

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.

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News & Analysis as of May 21, 2013

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

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - May 17, 2013

by BuckleySandler LLP on 5/20/2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - PRIVACY/DATA SECURITY - Excerpt from...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

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

DC Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA

by Mark Theodore | Proskauer - Labor Relations on 5/8/2013

A federal appeals court today rebuffed the NLRB’s attempt to require all employers under its jurisdiction to post in a “conspicuous” place in the workplace a poster that informs employees of their rights under the National...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

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

D.C. Court Wreaks Havoc on NLRB Pro-Worker Cases [Video]

by Lawyers.com on 4/24/2013

From the Lawyers.com newsroom, Editor-in-Chief Larry Bodine explains how a D.C. appellate court is jeopardizing workplace rights. In Noel Canning v. NLRB, the U.S. Court of Appeals for the D.C. Circuit 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 Appoints Three Members to NLRB, but Will They Be Confirmed? [Video]

by LXBN on 4/16/2013

Always a source of activity, and a very popular topic of conversation of LXBN, the National Labor Relations Board stands to grow to five full members if President Obama’s three recent appointees are confirmed by the Senate....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

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

by David Garland | Epstein Becker & Green, P.C. on 4/5/2013

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

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National Labor Relations Board › Recess Appointments

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

Second Appellate Court Holds NLRB Recess Appointments Unconstitutional

Third Circuit Holds Craig Becker’s NLRB Recess Appointment Unconstitutional

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - May 17, 2013

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

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

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

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

More Controversy With the National Labor Relations Board

DC Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA

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

Obama Administration Seeks Supreme Court Review Of Recess Appointment Decision

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

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

D.C. Court Wreaks Havoc on NLRB Pro-Worker Cases [Video]

Analysis: Controversy Surrounding Obama’s NLRB Recess Appointees

President Obama Appoints Three Members to NLRB, but Will They Be Confirmed? [Video]

President Obama To Abandon Recess Appointees to the NLRB

Obama’s NLRB Package of Nominees Unlikely to be Confirmed

Congressional Research Service issues two reports on Canning decision

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

Federal Government Plans Appeal Of Recess Appointment Ruling

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

Third Circuit hears oral argument in another NLRB case challenging recess appointments

Consumer Financial Protection Bureau Remains In Limbo

D.C. Court Wreaks Havoc on NLRB Pro-Worker Cases [Video]

President Obama Appoints Three Members to NLRB, but Will They Be Confirmed? [Video]

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