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National Labor Relations Board › Recess Appointments › Canning v NLRB

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 18, 2013

Ballard Spahr LLP

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

Fowler White Boggs P.A.

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

Ballard Spahr LLP

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

Lawyers.com

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

Barger & Wolen

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

LXBN

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

Barger & Wolen

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ballard Spahr LLP

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

Davis Brown Law Firm

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

Ballard Spahr LLP

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

by Barbara S. Mishkin | Ballard Spahr LLP on 3/20/2013

“Can we duck the [recess appointments] issue?” That question was asked yesterday by one of the members of the three-judge panel hearing oral argument on the National Labor Relation Board’s application to enforce its order in...more

Proskauer - Whistleblowing & Retaliation

Consumer Financial Protection Bureau Remains In Limbo

by Lloyd B. Chinn, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 3/19/2013

The authority and leadership of the Consumer Financial Protection Bureau (CFPB), a body created by Dodd-Frank to regulate consumer protection of financial products and services, continues to remain in limbo in the wake of the...more

LXBN

As Expected, Noel Canning v. NLRB Headed to the Supreme Court [Video]

by LXBN on 3/19/2013

As soon as the D.C. Circuit’s ruling came down invalidating President Obama’s recess appoinments to the National Labor Relations Board, about everyone knew it wouldn’t be the last we’d see of Noel Canning v. NLRB. That held...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Franczek Radelet P.C.

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

Barger & Wolen

NLRB Will Ask Supreme Court To Affirm Board Members

by Peter Felsenfeld | Barger & Wolen on 3/13/2013

The National Labor Relations Board (“NLRB”) announced today that it would ask the U.S. Supreme Court to review a federal court ruling that invalidated the appointment of three members and put hundreds of mostly pro-union...more

Ballard Spahr LLP

NLRB passes on rehearing in Canning and will file certiorari petition

by Alan S. Kaplinsky | Ballard Spahr LLP on 3/13/2013

The National Labor Relations Board announced that it has decided not to seek a rehearing of the D.C. Circuit’s January 2013 decision in Canning v. NLRB. Instead, the NLRB, in consultation with the Department of Justice, plans...more

Proskauer - Labor Relations

Update: NLRB Seeks U.S. Supreme Court Review Of Recess Appointments

by Mark Theodore | Proskauer - Labor Relations on 3/13/2013

The NLRB announced today that the agency would seek U.S. Supreme Court review of the D.C. Circuit decision in Noel Canning, which ruled that the President’s recess appointments made last year (and perhaps in the years prior)...more

Ballard Spahr LLP

DOJ fights back on recess appointments in Third Circuit

by Keith R. Fisher | Ballard Spahr LLP on 3/6/2013

Recently the Department of Justice filed a letter brief in a case pending in the U.S. Court of Appeals for the Third Circuit in the hopes of dissuading that court from following the D.C. Circuit’s recent Recess Appointments...more

Burr & Forman

Labor And Employment E-Note - February 14, 2013

by Burr & Forman on 2/25/2013

In This Issue: - Lawmakers Reintroduce Social Networking Online Protection Act - Lawsuit Claims Scanning E-mails Away from Work Should be Overtime - Business, Labor Unions Work Together for Immigration Overhaul -...more

Fenwick & West LLP

Fenwick Employment Brief - February 2013

by Daniel J. McCoy, Saundra Riley | Fenwick & West LLP on 2/21/2013

In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2012 Year in Review

by Bruce Bagley, Adam Santucci | McNees Wallace & Nurick LLC on 2/20/2013

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of hindsight,...more

Baker, Donelson, Bearman, Caldwell &...

D.C. Appeals Court Gives Chilly Reception for NLRB Recess Appointments

by Baker, Donelson, Bearman, Caldwell &... on 2/18/2013

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit struck down President Obama's National Labor Relations Board (NLRB) "recess appointments" of members Sharon Block and Richard Griffin, both...more

Franczek Radelet P.C.

Noel Canning Aftermath: Perspectives For Employers Three Weeks After D.C. Circuit’s Important NLRB Decision

by Doug Hass | Franczek Radelet P.C. on 2/18/2013

Three weeks after the D.C. Circuit invalidated President Barack Obama’s January 2012 recess appointments to the National Labor Relations Board (NLRB), we can provide some better perspective on what the decision means for...more

Baker, Donelson, Bearman, Caldwell &...

Will Actions of the CFPB Be Deemed Invalid?

by Scott Michalove | Baker, Donelson, Bearman, Caldwell &... on 2/15/2013

A recent decision of the United States Court of Appeals for the District of Columbia Circuit has brought into question the validity of actions taken by the Consumer Financial Protection Bureau (CFPB). The case in question,...more

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