What Next for the NLRB?
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
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
“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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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