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
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…
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…
Update: NLRB Seeks U.S. Supreme Court Review Of Recess Appointments
By Mark Theodore on
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
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…
Court Rules Recess Appointments To NLRB Unconstitutional, More Uncertainty To Follow
By Mark Theodore on
As we noted last month, the federal court of appeals in DC heard the first case on the constitutionality of the recess appointments to the NLRB. Today, a three judge panel ruled unanimously that the appointments of Members Griffin, Block and Flynn were unconstitutional, meaning this court decided the NLRB…
Oral Arguments Heard Over Validity Of Recess Appoints Of NLRB Members
By Mark Theodore on
In a standing-room only courtroom in Washington, D.C., the U.S. Court of Appeals for the D.C. Circuit became the second appeals court in the last week to hear oral arguments on the validity and constitutionality of the President’s January 4, 2012 appointment of three members to the NLRB during an…