The NLRB announced today that the agency would seek U.S. Supreme Court review of the D.C. Circuit decision in Noel Canning, which ruled that the President’s recess appointments made last year (and perhaps in the years prior) were unconstitutional.  The decision of the appeals court has cast a great deal of uncertainty over past and current operations of the agency, including:

  • The potential that all longstanding precedents which were overturned in the last few months will be restored.  These include the new cases concerning witness statement disclosure  and the ability of an employer to cancel dues checkoff upon expiration of the collective bargaining agreement.
  • That current cases pending before the Board will be delayed; and
  • That Board initiatives, such as the ambush election rules will be nullified.

The NLRB’s petition to the U.S. Supreme Court is due April 25, 2013, and it is likely a decision will be rendered in the 2013-2014 Court term. We will keep you posted on further developments as they occur.