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Pro Forma Sessions Barack Obama Recess Appointments

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

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

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

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“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

Troutman Pepper

Will New U.S. Court Of Appeals Decision On ‘Recess Appointments’ Stay Dodd-Frank Powers Granted To CFPB And Vacate Certain...

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Holding that recess appointments authorized by the Recess Appointments Clause of the U.S. Constitution are limited to “intersession recesses” – “the period between sessions of the Senate when the Senate is by definition not...more

McNees Wallace & Nurick LLC

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

King & Spalding

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

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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

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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

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

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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

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...

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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

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

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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

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?

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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

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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?

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

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

Pierce Atwood LLP

Circuit Court Holds NLRB Recess Appointments Unconstitutional

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Last week we promised Part 2 of our Alert series concerning the NLRB’s recent activity. We will deliver on that promise (stay tuned) but first we must address Friday’s decision by the D.C. Circuit Court of Appeals holding...more

K&L Gates LLP

D.C. Circuit Appeals Court Rules NLRB Recess Appointments Invalid

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The Decision - In Noel Canning, a Division of Noel Corporation v. National Labor Relations Board, No. 12-1115 (U.S. Court of Appeals for the District of Columbia, January 25, 2013), a three judge panel unanimously...more

Ballard Spahr LLP

New CFPB Deputy Director about to be appointed

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The word on the street is that tomorrow Richard Cordray will appoint a new Deputy Director to replace Raj Date who has been serving in that capacity since Jan. 6 of 2012....more

Sherman & Howard L.L.C.

D.C. Circuit Finds NLRB Recess Appointments Unconstitutional

In a stunningly positive development for employers, the District of Columbia Circuit Court of Appeals today struck down the Obama Administration's purported recess appointments of three members of the five-member National...more

Akerman LLP - HR Defense

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

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