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
Recess Appointments
NLRB Acts in Response to Supreme Court’s Noel Canning Decision
By Steven M. Swirsky on
Posted in NLRB Developments
The National Labor Relations Board has been busy since the Supreme Court’s June 26th Noel Canning decision trying to address the issues and uncertainty resulting from the Court’s holding that recess appointments of Board members on January 4, 2012, were invalid because the Senate was not actually in recess. As we pointed out in our…
Bad Faith Bargaining or Just Bad Bargaining: President Obama Names Unconstitutionally Appointed Griffin as NLRB GC
On August 1st President Obama made a bold statement by appointing Richard Griffin to serve as the NLRB’s General Counsel only three days after the former union lawyer vacated his unconstitutional recess appointment as a NLRB Board Member. The President statement by appointment made at least two things clear –
- The President wants an aggressive
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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…
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…