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 ability to act without regular appointments, and resulted in scores of decisions having to
Recess appointments
Supreme Court Invalidates Recess Appointments To NLRB: Several Labor Board Decisions Now In Doubt
In a rare 9-0 decision issued today, the United States Supreme Court invalidated the recess appointments President Obama made to the NLRB on January 4, 2012, while the Senate was in a three day recess. The decision in National Labor Relations Board v. Noel Canning (USSC June 26, 2014) means…
Video Interview: Discussing the Noel Canning Oral Arguments with LXBN TV
Following up on our ongoing coverage of the NLRB recess appointments, and my recent post on the Supreme Court oral arguments in NLRB v. Noel Canning, I had the opportunity to again speak with Colin O’Keefe of LXBN on the matter. In this most recent interview, I share my…
Noel Canning Oral Argument: Justices Express Skepticism
My experience is that oral arguments, while often interesting, rarely open much of a window into exactly how a court will actually decide the case. Today’s Supreme Court argument in NLRB v. Noel Canning may be an exception. Nearly all of the Justices had questions which suggested skepticism over the…
NLRB Rules That Union’s Offer To Waive Dues For Six Months To Make Up For Tiny Wage Increase Did Not Interfere With Decertification Election
As of July 31, the NLRB has a full complement of Board Members, for the first time in about ten years. The fact the deal on appointments has been progressing for a few weeks did not prohibit the three member Board of questionable constitutional validity from continuing to render decisions.…
What Happens Now?
How will the deal reached in the Senate regarding NLRB nominations impact the recess appointment dispute in the Noel Canning case pending at the U.S. Supreme Court, and the many other cases presenting the issue pending in the federal courts of appeals and at various stages before the Board? Below…
Update: NLRB Seeks U.S. Supreme Court Review Of Recess Appointments
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…
Ambush Election Rules Fall Into Noel Canning Abyss As Court Puts Hold On Decision
The fallout from Noel Canning has been felt far and wide. The DC Circuit Court’s January 25, 2013 decision certainly put all NLRB decisions made since January 4, 2012 (the date Members Block and Griffin received their recess appointments) in jeopardy. All cases on appeal to the DC Circuit involving…