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Supreme Court of the United States › Canning v NLRB

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
FordHarrison

Supreme Court Rules that Former Acting NLRB General Counsel Became Ineligible to Perform Duties After President Obama Nominated...

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The U.S. Supreme Court has held that Lafe Solomon did not validly serve as Acting General Counsel for the National Labor Relations Board (NLRB) after former President Barack Obama nominated him to permanently fill that...more

Littler

U.S. Supreme Court Strikes Down Appointment of Former NLRB Acting General Counsel

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On March 21, 2017, the U.S. Supreme Court affirmed the D.C. Circuit’s holding that Lafe Solomon, who was appointed by former President Barack Obama to serve as acting general counsel to the NLRB in June 2010 when the prior...more

Bradley Arant Boult Cummings LLP

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

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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

Benesch

Supreme Court Upholds Decision to Vacate NLRB Order Due to Improper Appointment of NLRB General Counsel

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On March 21, 2017, the Supreme Court upheld an August 2015 opinion by the D.C. Circuit under the Federal Vacancies Reform Act holding that former acting National Labor Relations Board General Counsel Lafe Solomon improperly...more

Franczek P.C.

Contract Expired So You Want To Stop Deducting Dues From Employee Paychecks? Think Again!

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On August 27, 2015, the National Labor Relations Board overturned 53 years of precedent under Bethlehem Steel, and found that going forward an employer could no longer unilaterally stop deducting union dues from employee...more

Littler

As Expected, the NLRB Eliminates the Employer's Right to Terminate Dues Checkoff Upon Expiration of a CBA

Littler on

On August 27, 2015, the National Labor Relations Board, in Lincoln Lutheran of Racine, 362 NLRB No. 188, overturned 53 years of precedent, holding that, like most other terms and conditions of employment, an employer’s...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

Proskauer - Labor Relations

DC Circuit: NLRB Acting General Counsel Solomon’s Tenure Violated Vacancy Statute, Unfair Labor Practice Complaint Unauthorized

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The political gridlock in Washington DC caused several years of tumult at the NLRB, spawning two Supreme Court decisions (Noel Canning and New Process Steel) and several courts of appeals decisions regarding the Board’s...more

Ballard Spahr LLP

Challenge to CFPB’s constitutionality reemerges

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The issue of the CFPB’s constitutionality reemerged last week in court and Congress. On the judicial front, the U.S. Court of Appeals for the D.C. Circuit, in State National Bank of Big Spring, Texas, et al. v. Lew, et al.,...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - June / July 2015

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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

Parker Poe Adams & Bernstein LLP

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

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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

Ballard Spahr LLP

CFPB’s constitutionality again before D.C. Circuit in Morgan Drexen appeal

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The CFPB’s constitutionality is again before the D.C. Circuit, with the D.C Circuit now being asked to consider the impact of the U.S. Supreme Court’s decision in NLRB v. Canning on actions taken by the CFPB while Director...more

Fisher Phillips

A Series Of Ticking Time Bombs – A Review Of The Supreme Court's 2013-2014 Term

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The Supreme Court recently wrapped up its 2013-2014 term, and management can count it as another successful year in front of the High Court. Of the nine decisions impacting labor and employment law, seven of them should have...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

Bradley Arant Boult Cummings LLP on

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

Franczek P.C.

A Review of the Supreme Court’s 2013-2014 Term

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The United States Supreme Court concluded its 2013-2014 term by issuing decisions in several highly publicized employment and employee benefits cases during the Court’s final scheduled sessions, including Noel Canning,...more

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Fenwick & West LLP

Fenwick Employment Brief - July 2014

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California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims - Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in...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

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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

Polsinelli

How Employers Fared With the Supremes This Term and What the Future May Hold

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During its recently concluded 2013 term, the U.S. Supreme Court issued decisions in two labor and employment cases, three constitutional or quasi-constitutional cases that impact labor and employment concerns, and one tax...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

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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

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