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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

Another Circuit Court Finds President's NLRB Recess Appointments Unconstitutional

Last month, the United States Court of Appeals for the Fourth Circuit raised the stakes on what has become one of the most prominent topics in the labor law community in recent times with its 2-1 decision in National Labor...more

NLRB Back At Full Strength After Senate Approves Slate Of Nominees

As we reported earlier this month, Senate leaders reached a compromise to return a full complement of five members to the National Labor Relations Board after President Obama agreed to withdraw his February 2013 nominations...more

President Withdraws Nominations Of NLRB Members That Are The Subject Of The Noel Canning Case, But Impact Of Withdrawals Uncertain

Last week, as part of an agreement between Senate Democrats and Republicans to avoid the "nuclear option" of eliminating the filibuster for executive branch nominations, President Obama agreed to withdraw the pending...more

Thomas Perez Confirmed As Labor Secretary As President Obama Names New NLRB Nominees After Senate Compromise; Another Appellate...

The last three days have brought a flurry of important developments for employers. ...more

Senate votes in favor of cloture for confirmation of Richard Cordray as Director of the CFPB

The Senate voted 71-29 in favor of cloture. That means that the Republicans will not use the threat of the filibuster to block a confirmation vote in the Senate of Richard Cordray’s nomination by President Obama to be...more

Supreme Court Will Resolve Questions About Obama Recess Appointments and CFPB Authority

As anticipated, the United States Supreme Court has granted certiorari in National Labor Relations Board v. Noel Canning, signaling the next chapter in the challenges that have been raised as to the legitimacy of certain...more

U.S. Supreme Court Will Rule on Obama’s Recess Appointments

The fate of hundreds of mostly pro-union federal agency rulings now rests with the U.S. Supreme Court. The Court this week agreed to take up Noel v. Canning, the case involving President Obama’s controversial recess...more

Further thoughts on the Supreme Court’s grant of review in NLRB v. Noel Canning

As we have reported in this blog and in an E-Alert, the Supreme Court on Monday June 24 granted certiorari in the Noel Canning case, in which the D.C. Circuit held that President Obama’s January 4, 2011 recess appointments to...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

U.S. Supreme Court likely to rule on cert petition in NLRB v. Noel Canning at June 20 Conference

We have been following very closely developments in NLRB v. Noel Canning, the case seeking Supreme Court review of the D.C. Circuit Court’s judgment invalidating President Obama’s January 4, 2012 appointment of several NLRB...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

Update on cases challenging Cordray appointment

We have been following two federal court cases that involve challenges to Director Cordray’s appointment. The California case, CFPB v. Chance Edward Gordon, was filed in summer 2012 by the CFPB against an attorney and his law...more

The Third Circuit Rules President Obama’s 2010 NLRB Recess Appointment Was Invalid

Dealing yet another blow to the National Labor Relations Board (“NLRB” or “Board”), on May 16, 2013, the Third Circuit Court of Appeals ruled that President Obama’s 2010 recess appointment of Craig Becker to the NLRB was...more

Republican Senators file amicus brief supporting certiorari in NLRB v. Noel Canning

Senate Republican Leader Mitch McConnell and his 44 Senate Republican colleagues have filed an amicus brief urging the U.S. Supreme Court to grant certiorari in NLRB v. Noel Canning....more

Legal Alert: Another Federal Court Invalidates The Recess Appointment Of An NLRB Member

In a 2-1 decision, the Third Circuit has held that the President's recess appointment of Craig Becker to the National Labor Relations Board was invalid because he was not appointed during an intersession break of Congress as...more

Third Circuit Holds Craig Becker’s NLRB Recess Appointment Unconstitutional

A second federal appellate court holds that President Obama's NLRB recess appointments were invalid and potentially calls into question every Board decision since March 2010....more

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National...more

Obama Administration Seeks Supreme Court Review Of Recess Appointment Decision

On April 25, the DOJ and the National Labor Relations Board (NLRB) filed a petition seeking U.S. Supreme Court review of the D.C. Circuit Court’s January 25, 2013 decision invalidating the appointment of three NLRB members....more

Analysis: Controversy Surrounding Obama’s NLRB Recess Appointees

As an employer, you may be perplexed by the flap over President Obama’s recess appointments to the National Labor Relations Board (“NLRB”) and concerned about what it all means for business....more

President Obama To Abandon Recess Appointees to the NLRB

The drama surrounding President Barack Obama’s recess appointments to the National Labor Relations Board (“NLRB”) took an unexpected twist this week as the President announced his intention to nominate three new members....more

Obama’s NLRB Package of Nominees Unlikely to be Confirmed

On April 9, 2013, President Obama announced his intention to nominate three members to the National Labor Relations Board (NLRB), renominating current Democratic NLRB Chairman Mark Gaston Pearce, whose term expires on August...more

Congressional Research Service issues two reports on Canning decision

The D.C. Circuit’s January 2013 decision in Noel Canning v. NLRB is the subject of two recently-issued reports by the Congressional Research Service. The decision held that President Obama’s recess appointments of three...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

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