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Recess Appointments Canning v NLRB National Labor Relations Board

Bradley Arant Boult Cummings LLP

Son of Noel Canning? Worst Blog Title Ever? Supreme Court Takes Another Shot at NLRB Vacancy History

How important are the titles “temporary” or “permanent” when it comes to an appointee to run a federal agency? Apparently, very important. On March 21, the U.S. Supreme Court waded back into the messy timeline of President...more

Ballard Spahr LLP

Ninth Circuit Upholds Ruling in Favor of CFPB against Lawyer in Mortgage Relief Scam, Rejects Constitutional Challenge to Director...

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The Ninth Circuit recently considered arguments relating to an enforcement action brought by the Consumer Financial Protection Bureau (CFPB) against a California attorney who was offering loan modification services. The CFPB...more

Foley & Lardner LLP

Labor Board Hounded by Another Appointment Controversy

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For much of the Obama Administration, the National Labor Relations Board (Board) has been operating as, at least from the perspective of some, a rogue agency (and not just because of its willingness to overturn precedent to...more

Bond Schoeneck & King PLLC

NLRB Revisits and Overturns Longstanding Precedent Regarding Disclosure of Witness Statements

As we reported in an earlier blog post, the National Labor Relations Board issued the American Baptist Homes of the West (“Piedmont Gardens”) decision in December 2012, overturning more than 30 years of precedent shielding...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

“Common Sense” Shows The Value of a Well-Written Dissent: Southern New England Telephone Company v. NLRB

It must be frustrating to be in the minority of an administrative adjudicatory body and to constantly be forced to write dissenting opinions, as was the case for former National Labor Relations Board (NLRB) member Brian E....more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - June / July 2015

What are the labor implications of Supreme Court’s decision in King v. Burwell? - On June 25, the U.S. Supreme Court upheld the Affordable Care Act (also known as “Obamacare”) in a 6-3 decision written by Chief...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

Introduction - If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more

Parker Poe Adams & Bernstein LLP

NLRB Reaffirms Noel Canning Position on Use of Class Waivers in Arbitration Agreements

In its Noel Canning decision earlier this year, the U.S. Supreme Court vacated numerous decisions made by the National Labor Relations Board based on lack of a required quorum. The Court decided that President Obama’s recess...more

Ervin Cohen & Jessup LLP

The NLRB Does It Again!

The National Labor Relations Board (NLRB) recently ratified all the decisions made by the NLRB, including those made in administrative and personnel matters, during the period of time when it did not have a proper quorum....more

Ballard Spahr LLP

NLRB Ratifies Administrative Actions Taken during Invalid Recess Appointment Period

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On the heels of the U.S. Supreme Court’s June ruling in N.L.R.B. v. Noel Canning, et al., which invalidated President Obama’s 2012 recess appointments to the National Labor Relations Board (NLRB), the NLRB recently ratified a...more

Bradley Arant Boult Cummings LLP

Supreme Court Opinion Calls into Question Hundreds of NLRB Rulings

On Thursday, June 26, 2014, the Supreme Court issued its long-awaited Noel Canning decision (NLRB v. Noel Canning, 572 U.S. ____ (2014)), and invalidated President Obama’s January 2012 appointments of three individuals to the...more

Ballard Spahr LLP

Letter from leading Republicans to Director Cordray questions pre-confirmation actions

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Following up on his earlier statement about the impact of the Supreme Court’s decision in NLRB v. Noel Canning on Richard Cordray’s actions taken prior to his July 16, 2013 confirmation by the Senate as CFPB Director,...more

Laner Muchin, Ltd.

United States Supreme Court Issues Decision In Noel Canning; Ruling Invalidates Over 700 NLRB Decisions

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On June 26, 2014, the United States Supreme Court finally issued its long-awaited ruling in Noel Canning. As previously reported in The Fast Laner here and here, several courts had ruled that the decisions of the National...more

Pierce Atwood LLP

Hundreds of NLRB Decisions Nullified Because of Unconstitutional Recess Appointments

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In NLRB v. Noel Canning, the Supreme Court held that President Obama’s appointments of three National Labor Relations Board members in January 2012 during a three day intra-session Senate recess were unconstitutional because...more

Holland & Knight LLP

The Supreme Court's Noel Canning Decision and the NLRB's Response

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Since the Supreme Court affirmed a decision by the D.C. Circuit Court of Appeals on June 26, 2014, invalidating President Obama's appointment in January 2012 of three members to the National Labor Relations Board, the NLRB...more

Ervin Cohen & Jessup LLP

It Was All A Dream

That may be what the NLRB and others are thinking right now. Remember all those rather aggressive decisions made by the NLRB about a couple of years ago? It is as if they never happened....more

Foley & Lardner LLP

NLRB Fallout From President’s Unconstitutional Recess Appointments Continues

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As we noted when the decision was released, the Supreme Court ruled unanimously that the President’s 2012 recess appointments to the National Labor Relations Board were unconstitutional. Two weeks later, the developments from...more

Benesch

Supreme Court Issues Decisions that Change Employment Law Landscape

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The U.S. Supreme Court wrapped up its 2013 session by handing down three decisions that may significantly affect recent controversial rulings by the National Labor Relations Board, Affordable Care Act mandates on employer...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2014

Recess Is Over: Supreme Court Strikes NLRB Appointments - Why it matters: Striking a blow to the President and the National Labor Relations Board, the U.S. Supreme Court held that three recess appointments made by...more

Cozen O'Connor

Supreme Court Says Obama Overstepped Authority with Three NLRB Recess Appointments

Cozen O'Connor on

Last week, the Supreme Court issued a long-awaited decision addressing the question of whether three recess appointees to the NLRB passed Constitutional muster....more

Genova Burns LLC

Supreme Court Rules President’s 2012 Appointments to NLRB Unconstitutional, Invalidates Key Pro-Union NLRB Decision, and...

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In a unanimous decision issued June 26, 2014, the Supreme Court ruled that President Obama’s three so-called recess appointments to the National Labor Relations Board in January 2012 were unconstitutional and invalidated the...more

Davis Wright Tremaine LLP

Invalid NLRB Recess Appointments Mean Controversial Decisions Get a Second Look

In Noel Canning, the U.S. Supreme Court unanimously decided that President Obama’s January 2012 recess appointments to the National Labor Relations Board (“NLRB” or the “Board”) violated the Constitution. Non-union and union...more

Bradley Arant Boult Cummings LLP

Supreme Court Opinion Calls Into Question Hundreds of NLRB Rulings

On Thursday, June 26, 2014, the Supreme Court issued its long-awaited Noel Canning decision and invalidated President Obama’s January 2012 appointments of three individuals to the National Labor Relations Board (NLRB),...more

Blank Rome LLP

Unanimous Supreme Court Strikes Down Obama's NLRB Appointments

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The United States Supreme Court recently issued a much anticipated decision in NLRB v. Noel Canning, holding that President Obama’s three appointments to the National Labor Relations Board (“NLRB”) during the Senate’s pro...more

Faegre Drinker Biddle & Reath LLP

Unanimous Supreme Court Rebukes President Obama for Unconstitutional NLRB Recess Appointments

On June 26, 2014, the United States Supreme Court handed down its Noel Canning decision, unanimously finding that President Obama's January 4, 2012, appointments of Sharon Block, Richard Griffin and Terence Flynn to the...more

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