National Labor Relations Board Recess Appointments The National Labor Relations Act

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... 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.    less -
News & Analysis as of

Labor & Employment E-Note - December 12, 2013

In This Issue: - High Court Gives NLRB Time to Challenge Recess Appointments - High Court Hears Case on Union, Employer "Neutrality Agreements" - Appeals Court Overturns NLRB Arbitration Agreements Decision -...more

Appointment Of A Board Member By The President Without Senate Consent Is Invalid And Therefore Rulings By A Three-Member Delegee...

In National Labor Relations Board v. New Vista Nursing and Rehabilitation (--- F.3d ----, C.A.3, May 16, 2013), the United States Court of Appeals considered the validity of a ruling by the National Labor Relations Board...more

Second Appellate Court Holds NLRB Recess Appointments Unconstitutional

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

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

More Controversy With the National Labor Relations Board

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

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

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

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

Labor Letter, March 2013: NLRB Requires Non-Union Member To Pay For Lobbying Fees

Lobbying Took Place In A Neighboring State’s Legislature - The National Labor Relations Board recently held that United Nurses and Allied Professionals (UNAP) did not violate the National Labor Relations Act (NLRA) by...more

The National Labor Relations Board 2012 Year in Review

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...more

NLRB Decisions To Fall Like Dominos?

As you may have heard, the District of Columbia Circuit Court of Appeals recently sent shockwaves through the labor relations world by holding that President Obama's "recess" appointments to the National Labor Relations Board...more

NLRB Gets Busy – Part 2 NLRB Incursion Into Non-Unionized Workplace

In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent. As promised, in Part 2 of this Alert series we summarize recent decisions where the...more

D.C. Circuit Court Decision Creates NLRB Upheaval

On January 25, 2013, in Noel Canning v. National Labor Relations Board, the U.S. Court of Appeals for the District of Columbia ruled President Obama’s use of recess appointments to fill three vacancies on the National Labor...more

Fifth Circuit to Consider In Re D.R. Horton in Light of Recent Court of Appeals Decision Striking Down Recess Appointments to NLRB

A recent D.C. Circuit Court of Appeals decision striking down several recess appointments to the National Labor Relations Board has cast doubt over one of the NLRB’s most controversial decisions from 2012....more

Recess Appointments To Board Invalid - Summary Of Affected Decisions

The United States Court of Appeals for the District of Columbia Circuit issued an order on January 25, 2013, which struck, as unconstitutional, President Obama's recess appointments to the National Labor Relations Board...more

The Second Obama Term: NLRB Outlook

Employers should expect a continuation of the policies from the last four years as the NLRB seeks to extend the reach of the NLRA to nonunion workplaces and promotes increased unionization and collective bargaining....more

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