Political 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 18, 2013

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

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

Full U.S. Supreme Court rejects application challenging NLRB recess appointments

by Barbara S. Mishkin | Ballard Spahr LLP on 2/7/2013

On Tuesday, we reported that attorneys for a Connecticut nursing home company were attempting to have an emergency application challenging the constitutionality of President Obama’s recess appointments to the National Labor...more

Senator Introduces Bill To Freeze NLRB Decisions

by Peter Felsenfeld | Barger & Wolen on 2/4/2013

Hundreds of National Labor Relations Board (“NLRB”) actions, many of which make it easier for workers to unionize, would be frozen or invalidated under legislation proposed this week by Sen. John Barrasso (R-Wy)....more

Noel Canning v. NLRB: The Decision, Its Potential Impact, and the Future of the National Labor Relations Board

by Jeremiah Hart | BakerHostetler on 2/4/2013

On Friday, January 25, 2013, we informed you that the federal circuit court of appeals in Washington D.C. had struck down President Obama's "recess appointments" of three National Labor Relations Board (NLRB or Board) members...more

D.C. Circuit Hands the CFPB a Setback?

by Rick Fischer, Marc Hearron, Oliver I. Ireland, Jeremy Mandell, Andrew M. Smith | Morrison & Foerster LLP on 1/30/2013

At the end of last week, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in Noel Canning v. National Labor Relations Board, holding that President Obama’s recess appointments to the National...more

D.C. Court Holds President's Recess Appointments "Constitutionally Invalid," Raising Questions About CFPB's Exercise of Authority...

by Michael W. Jahnke, Michael Mallow, Michael Thurman | Loeb & Loeb LLP on 1/30/2013

The U.S. Court of Appeals for the District of Columbia issued an opinion Jan. 25, 2013, that overturns President Barack Obama's recess appointments of three National Labor Relations Board members and opens the door to...more

President Obama's NLRB Recess Appointments Ruled Unconstitutional by Federal Appeals Court

by Thompson Coburn LLP on 1/30/2013

President Obama violated the Constitution when he circumvented the Senate to fill three vacancies on the National Labor Relations Board (“NLRB”) in January 2012. The U.S. Court of Appeals for the D.C. Circuit ruled that the...more

Appellate Court holds NLRB Recess Appointments unconstitutional; status of hundreds of NLRB rulings in doubt

by Harriet Cooperman, Edward Levin, Robert Nagle | Saul Ewing LLP on 1/30/2013

On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled that President Obama's January 2012 "recess" appointments to the National Labor Relations Board ("Board" or "NLRB") were unconstitutional because the...more

D.C. Circuit Rules NLRB Recess Appointments Unconstitutional

by Daniel Bordoni, David Broderdorf, Charles Cohen, Ross Friedman, Jonathan Fritts, Joseph Ragaglia, John Ring | Morgan Lewis on 1/29/2013

The ruling places in substantial doubt the validity of any NLRB decision or action since January 4, 2012, and calls into question the scope of the president's recess appointment power more generally. On January 25, in...more

D.C. Circuit NLRB Decision Casts Doubt on Validity of Cordray Appointment

by Richard J. Andreano, Jr., John L. Culhane, Jr., Keith R. Fisher, Alan S. Kaplinsky, Jeremy T. Rosenblum, Christopher J. Willis | Ballard Spahr LLP on 1/29/2013

The validity of President Obama’s January 2012 recess appointment of Richard Cordray as Director of the Consumer Financial Protection Bureau is now under a dark cloud as a result of the decision by the U.S. Court of Appeals...more

Court’s Ruling That NLRB Appointments Were Invalid Introduces Uncertainty Going Forward

by Scott Faust, Michael Lebowich, Ronald Meisburg, Bernard Plum, Mark Theodore, Allan Weitzman | Proskauer Rose LLP on 1/29/2013

The United States Court of Appeals for the District of Columbia Circuit has issued a decision invalidating the President's January 4, 2012 recess appointments to the National Labor Relations Board ("NLRB" or "Board")....more

CFPB Powers Could Be Invalidated Following Ruling on NLRB Recess Appointments

by Timothy S. Crisp, Ryan Parsons | Foley & Lardner LLP on 1/29/2013

On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled that President Obama’s purported “recess appointments” to the NLRB last year are constitutionally invalid....more

Keeping a stiff upper lip is no answer here!

by Alan S. Kaplinsky | Ballard Spahr LLP on 1/29/2013

While the CFPB has not yet issued a formal written statement about the impact of the D.C. Circuit’s recent opinion in Canning v. NLRB on the Bureau, the Wall Street Journal reported in its weekend edition that a CFPB...more

Obama: “Oops, My Bad!”

by Kelly Scott | Ervin Cohen & Jessup LLP on 1/28/2013

If you have attended any of our recent seminars (and if not, why not?) or read a fair portion of our articles and blog postings, then you know that the National Labor Relations Board (NLRB) has been on the warpath lately. ...more

Breaking News: Recess Appointments to NLRB Are Unconstitutional, Invalidating Board Decisions

by Ryan Parsons | Foley & Lardner LLP on 1/25/2013

In a high-profile and much anticipated decision, the Court of Appeals for the D.C. Circuit has ruled today that President Obama’s purported NLRB “recess appointments” in January 2012 are constitutionally invalid....more

D.C. Court of Appeals may soon invalidate President Obama’s NLRB recess appointments: implications for CFPB

by Alan S. Kaplinsky | Ballard Spahr LLP on 1/10/2013

Earlier today, we reported on the panel discussion of the lawsuit filed by State National Bank of Big Spring that took place at the ABA Committee on Consumer Financial Services in Naples, Florida during a session entitled...more

Oral Arguments Heard Over Validity Of Recess Appoints Of NLRB Members

by Mark Theodore | Proskauer - Labor Relations on 12/7/2012

In a standing-room only courtroom in Washington, D.C., the U.S. Court of Appeals for the D.C. Circuit became the second appeals court in the last week to hear oral arguments on the validity and constitutionality of the...more

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National Labor Relations Board › Recess Appointments › Political Appointments

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

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

Full U.S. Supreme Court rejects application challenging NLRB recess appointments

Senator Introduces Bill To Freeze NLRB Decisions

Noel Canning v. NLRB: The Decision, Its Potential Impact, and the Future of the National Labor Relations Board

D.C. Circuit Hands the CFPB a Setback?

D.C. Court Holds President's Recess Appointments "Constitutionally Invalid," Raising Questions About CFPB's Exercise of Authority...

President Obama's NLRB Recess Appointments Ruled Unconstitutional by Federal Appeals Court

Appellate Court holds NLRB Recess Appointments unconstitutional; status of hundreds of NLRB rulings in doubt

D.C. Circuit Rules NLRB Recess Appointments Unconstitutional

D.C. Circuit NLRB Decision Casts Doubt on Validity of Cordray Appointment

Court’s Ruling That NLRB Appointments Were Invalid Introduces Uncertainty Going Forward

CFPB Powers Could Be Invalidated Following Ruling on NLRB Recess Appointments

Keeping a stiff upper lip is no answer here!

Obama: “Oops, My Bad!”

Breaking News: Recess Appointments to NLRB Are Unconstitutional, Invalidating Board Decisions

D.C. Court of Appeals may soon invalidate President Obama’s NLRB recess appointments: implications for CFPB

Oral Arguments Heard Over Validity Of Recess Appoints Of NLRB Members

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

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