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National Labor Relations Board › Recess Appointments › Pro Forma Sessions

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 -
CMCP - California Minority Counsel Program

Finally, For The First Time In Over A Decade, The National Relations Labor Board Has Five Senate-Confirmed Board Members

CMCP - California Minority Counsel Program on

Those active in labor law are familiar with the political chaos that has surrounded the National Labor Relations Board (NLRB) since this past January. In six months, the NLRB went from being the subject of a Circuit Court...more

Ballard Spahr LLP

Supreme Court Agrees to Hear Recess NLRB Appointments Case

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The U.S. Supreme Court agreed to review the decision of the U.S. Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, which held that President Obama’s January 2012 recess appointments of three members to the...more

Ballard Spahr LLP

Briefing on cert petition completed in Noel Canning; case slated for Justices’ June 20 conference

Ballard Spahr LLP on

The briefing on the NLRB’s petition for certiorari in Noel Canning was completed yesterday, with the filing by the NLRB of a brief replying to the respondent’s brief filed on May 23. ...more

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Ballard Spahr LLP

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

Ballard Spahr LLP on

“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

Baker Donelson

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

Baker Donelson on

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 P.C.

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

Franczek P.C. on

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

McNees Wallace & Nurick LLC

NLRB Decisions To Fall Like Dominos?

McNees Wallace & Nurick LLC on

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

Pierce Atwood LLP

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

Pierce Atwood LLP on

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

Poyner Spruill LLP

D.C. Circuit Court Decision Creates NLRB Upheaval

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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

King & Spalding

D.C. Circuit’s Invalidation of President Obama’s Recess Appointments Raises Questions Concerning Actions Taken by the Consumer...

King & Spalding on

The D.C. Circuit’s Decision in Noel Canning - On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit held that President Obama’s recess appointments to the National Labor Relations Board (NLRB) were...more

McAfee & Taft

Gavel to Gavel: Examining NLRB rulings

McAfee & Taft on

Originally published in The Journal Record - February 7, 2013. Employers concerned with recent expansive rulings by the National Labor Relations Board got a significant measure of relief on Jan. 25. The U.S. Court of...more

Katten Muchin Rosenman LLP

DC Court of Appeals Decision May Impact CFPB Powers and Authority

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A recent decision by a three-judge appellate panel of the US Court of Appeals for the District of Columbia Circuit (DC Circuit) may hold the key to whether, and to what extent, actions taken by Richard Cordray as the Director...more

Butler Snow LLP

The NLRB Puts Its Thumb on the Scale

Butler Snow LLP on

President Obama’s recess appointments of three members to the National Labor Relations Board were unconstitutional, held the United States Court of Appeals for the District of Columbia Circuit in Noel Canning Div. of Noel...more

Orrick - Employment Law and Litigation

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

Orrick - Employment Law and Litigation on

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

Ballard Spahr LLP

Application to U.S. Supreme Court challenging NLRB recess appointments rejected by Justice Ginsburg; referral to Justice Scalia...

Ballard Spahr LLP on

Attorneys for a Connecticut nursing home company are attempting to have an application challenging the constitutionality of President Obama’s recess appointments to the National Labor Relations Board referred to Justice...more

Hinshaw & Culbertson LLP

Senator Introduces Bill To Freeze NLRB Decisions

Hinshaw & Culbertson LLP on

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

BakerHostetler

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

BakerHostetler on

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

Foley Hoag LLP

D.C. Circuit Rules Recess Appointments of NLRB Members Unconstitutional, Calling Into Question Hundreds of NLRB Decisions

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

Miller & Martin PLLC

No Quorum in the NLRB? What Does This Mean to You?

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As some of you may have seen through the various main-stream media outlets who have reported this development, in early 2012, President Obama appointed three NLRB Board members without the consent of the Senate. The...more

Davis Wright Tremaine LLP

“Constitutionally Invalid” Recess Appointments Call NLRB’s Authority Into Question

Davis Wright Tremaine LLP on

A federal Circuit Court of Appeals decision last Friday in Noel Canning v. NLRB was front page news across the country for good reason. The court held that President Obama’s Jan. 4, 2012, “recess appointments” to the National...more

JD Supra Perspectives

What Next for the NLRB?

JD Supra Perspectives on

In late January, 2013, a DC circuit court ruled that President Obama's recess appointments to the National Labor Relations Board (NLRB) were unconstitutional, and therefore invalid. The ruling calls into question numerous...more

Littler

Workplace Policy Institute: D.C. Circuit Invalidates NLRB Recess Appointments, Creating Period of Uncertainty for Employers

Littler on

For the past year, unionized and nonunionized employers across the United States have been alarmed by the National Labor Relations Board's expansive interpretation of the National Labor Relations Act and the resulting...more

Morrison & Foerster LLP

D.C. Circuit Hands the CFPB a Setback?

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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

Saul Ewing Arnstein & Lehr LLP

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

Saul Ewing Arnstein & Lehr LLP on

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

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