The onset of Labor Day and the end of the NLRB fiscal year (September 30) one can count on seeing a number of decisions issued. This year is no different, and perhaps more are being issued during these last few days because Member Hirozawa’s term expired on Saturday August 27.
Noel Canning
No Duty To Bargain Over Discipline During Contract Hiatus, NLRB Division of Advice
By Mark Theodore on
The NLRB has been active but quiet during the last few months as the agency quietly reaffirms decisions nullified by the Supreme Court. By all accounts, however, and as history has proved, the NLRB is getting ready to issue an onslaught of law-changing decisions as we head into the holiday…
ALJ Declares NLRB’S Dues Checkoff Termination Decision a Dead Letter
By Ronald Meisburg on
In WKYC-TV, Inc., 359 NLRB No. 30 (2012), the NLRB overruled 50 years of precedent under Bethlehem Steel, 136 NLRB 1500 (1962), and held that going forward, employers could not unilaterally end dues checkoff at the expiration or termination of a collective bargaining agreement. There was no appeal in…
Supreme Court Invalidates Recess Appointments To NLRB: Several Labor Board Decisions Now In Doubt
By Mark Theodore on
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…
Noel Canning Oral Argument: Justices Express Skepticism
By Ronald Meisburg on
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…
Despite Supreme Court’s Grant of Review in Two Important Labor Cases, the Action in the Short Term is in the DC Circuit
By Ronald Meisburg on
It came as no surprise to most labor practitioners this week that the Supreme Court granted certiorari to review the U.S Court of Appeals for the District of Columbia Circuit’s decision in NLRB v. Noel Canning, No. 12-1281. That case, of course, involves the validity of the President’s recess appointments…
U.S. Government Formally Seeks Supreme Court Review Of Recess Appointment Case
By Mark Theodore on
As noted here earlier, the government announced its intention to seek Supreme Court review of the DC Circuit decision which held that the President’s recess appointments to the NLRB were unconstitutional. The 138 page document NLRB v. Noel Canning, A Div. of Noel Corp., Cert Petition (April 24, 2013) was…
Ambush Election Rules Fall Into Noel Canning Abyss As Court Puts Hold On Decision
By Mark Theodore on
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…