News & Analysis as of

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

Supreme Court Agrees to Hear Recess NLRB Appointments Case

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

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

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

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

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

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

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

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

“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

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

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

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

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

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

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

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

Gavel to Gavel: Examining NLRB rulings

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

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

The NLRB Puts Its Thumb on the Scale

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

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

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

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

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

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

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 Declares President Obama’s NLRB Recess Appointments Unconstitutional

On January 25, the U.S. Court of Appeals for the D.C. Circuit held that appointments to the National Labor Relations Board (NLRB) made by President Obama in January 2012 during a purported Senate recess were unconstitutional,...more

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

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

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

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

“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

What Next for the NLRB? [Video]

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

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