Two years ago, as we discussed here and here, in NLRB v. Noel Canning, 134 S. Ct. 2550 (2014), the U.S. Supreme Court held unconstitutional President Obama’s January 2012 recess appointments of Members Block, Flynn and Griffin to the National Labor Relations Board (“Board” or “NLRB”). The decision cast into doubt the validity
Noel Canning v. NLRB
High Court to Review Constitutionality of President Obama’s Recess Appointments to the NLRB
By Steven M. Swirsky, Adam C. Abrahms & D. Martin Stanberry on
Posted in NLRB Developments
By Steven M. Swirsky, Adam C. Abrahms, and D. Martin Stanberry
With an eye toward next term, the Supreme Court announced on Monday, June 24th, that it had granted the National Labor Relations Board’s (“NLRB”) petition for certiorari in Noel Canning v. NLRB. This news all but ensures that America’s highest court…
Third Circuit: President Obama’s Recess Appointments to the NLRB Were Unconstitutional
By Epstein Becker Green on
By: Evan Rosen and Adam C. Abrahms
Yesterday, in a 2-1 decision, the Third Circuit Court of Appeals became the second appellate court to issue a ruling that President Obama’s recess appointments to the National Labor Relations Board (the “Board”) were constitutionally invalid because they did not occur during an “intersession recess” of the United…
U.S. House of Representatives Passes Bill That Would Temporarily Strip the National Labor Relations Board of the Authority to Act
By Steven M. Swirsky & D. Martin Stanberry on
Posted in NLRB Developments
By Steven M. Swirsky and D. Martin Stanberry
Will Congress shut down the National Labor Relations Board? In a narrow, 219 – 209 vote this past Friday, the United States House of Representatives passed a bill that would strip the National Labor Relations Board (“Board”) of the authority to take any substantive action until the…
NLRB Recess Appointments “Invalid From Their Inception” and “Void” for Lack of Constitutional Authority Rules the D.C. Circuit
By Epstein Becker Green on
Posted in NLRB Developments
by: Adam C. Abrahms, Kara M. Maciel, Evan J. Spelfogel and Steven M. Swirsky
In a time when employers do not receive much good news out of Washington D.C., the U.S. Court of Appeals for the D.C. Circuit may have given some very welcome relief to employers facing issues before the National Labor…