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Noel Canning v. NLRB, No. 12-1115 (January 25, 2013)

Articles Discussing Case:

Supreme Court to Hear Appeal of D.C. Circuit’s Noel Canning Decision

Franczek Radelet P.C • June 25, 2013
In a widely expected decision, the Supreme Court announced this morning that it would hear the National Labor Relations Board’s appeal of the D.C. Circuit’s ruling that the recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the NLRB were unconstitutional because they did not occur during an intersession recess of the Senate. As we discussed at the end of January, in Noel Canning, the D.C. Circuit held that without those three members the Board did not have a quorum and could not act lawfully. The NLRB had announced back in March that it would seek review of the Noel Canning decision directly from the Supreme Court.

House Committee Approves Bill Limiting NLRB Activities until Recess Appointment Issue is Resolved

Littler Mendelson, P.C. • March 22, 2013
The U.S. House Committee on Education and the Workforce approved along party lines the Preventing Greater Uncertainty in Labor-Management Relations Act (H.R. 1120). The bill would require the NLRB to suspend all activities that require a three member quorum and prohibit the enforcement of any quorum-required action taken after President Obama seated three members via recess appointment on January 4, 2012. As previously discussed, the impetus for this bill – and several others – was the U.S. Court of Appeals for the D.C. Circuit’s finding in Noel Canning v. NLRB that the recess appointments to the NLRB were unconstitutional.

Setback to NLRB Quickie Election Rule Seen as Appeals Court Halts Argument Set in Employer Challenge

Jackson Lewis P.C. • February 26, 2013
The National Labor Relations Board may be facing further disappointment over its 2011 rule to speed up representation elections when the federal Court of Appeals in Washington, DC, next renders an order in a legal challenge to the controversial measure. Chamber of Commerce v. NLRB, No. 12-5250 (D.C. Cir. Feb. 19, 2013). The U.S. Court of Appeals for the District of Columbia Circuit, on its own motion, on February 19 removed the case from the oral argument calendar for early April and directed it be held in abeyance pending further order of the Court, following the Court’s consideration of its opinion and judgment in Noel Canning v. NLRB, No. 12-1115 (D.C. Cir. Jan. 25, 2013).

Noel Canning Aftermath: Perspectives for Employers Three Weeks after D.C. Circuit’s Important NLRB Decision

Franczek Radelet P.C • February 18, 2013
Three weeks after the D.C. Circuit invalidated President Barack Obama’s January 2012 recess appointments to the National Labor Relations Board (NLRB), we can provide some better perspective on what the decision means for employers, both those affected by recent NLRB decisions and those just monitoring developments going forward. As we discussed at the end of January, in Noel Canning, the D.C. Circuit ruled that the recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the NLRB were unconstitutional because they did not occur during an intersession recess of the Senate. Without those three members, the court held that the Board did not have a quorum and could not act lawfully.

House Subcommittee Conducts Hearing to Discuss Future of the NLRB

Littler Mendelson, P.C. • February 15, 2013
As a result of the recent federal court decision that President Obama’s three recess appointments to the NLRB were unconstitutional, past and future Board decisions and agency actions are constitutionally suspect and open to judicial challenge, according to lawmakers and panelists during a congressional subcommittee hearing held on Wednesday. The House Subcommittee on Health, Employment, Labor, and Pensions conducted this hearing, entitled: “The Future of the NLRB: What Noel Canning vs. NLRB Means for Workers, Employers, and Unions” to examine the implications of the U.S. Court of Appeals for the D.C. Circuit’s Noel Canning v. NLRB decision.

Senate Responds to Noel Canning Decision

Littler Mendelson, P.C. • February 05, 2013
Following the U.S. Court of Appeals for the D.C. Circuit’s finding in Noel Canning v. NLRB that President Obama’s three January 2012 recess appointments to the NLRB were unconstitutional, the Senate reacted by introducing a number of measures that take aim at the Board’s current authority.

APPELLATE PANEL INVALIDATES PRESIDENT OBAMA’S RECESS APPOINTMENT TO THE NLRB

Ballard Rosenberg Golper & Savitt • February 04, 2013
One of the hottest labor issues in Washington is whether the President exceeded his powers on January 4, 2012 when he unilaterally filled three vacancies on the National Labor Relations Board. Two of the Obama appointees were openly pro-union Democrats with significant ties to organized labor. The other was a Republican, who resigned on May 26, 2012 in the midst of an ethics investigation.

D.C. Circuit Invalidates NLRB Recess Appointments, Creating Period of Uncertainty for Employers

Littler Mendelson, P.C. • January 29, 2013
For the past year, unionized and nonunionized employers across the United States have been alarmed by the National Labor Relations Board's expansive interpretation of the National Labor Relations Act and the resulting potential impact on their businesses. On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit, in Noel Canning, a Division of the Noel Corporation v. National Labor Relations Board, Nos. 12-1115 & 12-1153 (D.C. Cir. Jan 25, 2013), dealt a significant blow to the NLRB's expansive actions. The D.C. Circuit held that President Obama's recess appointments of Members Sharon Block, Terence Flynn, and Richard Griffin to the NLRB on January 4, 2012 were invalid and, thus, the NLRB lacked a legitimate quorum of members to act since such appointments were made.

NLRB Appointments Ruled Unconstitutional

ManpowerGroup • January 29, 2013
A federal court overturned the President's latest recess appointments.

BREAKING: D.C. Circuit strikes down Obama's "recess appointments" to NLRB

Constangy, Brooks & Smith, LLP • January 28, 2013
The U.S. Court of Appeals for the District of Columbia Circuit struck down today the "recess appointments" of Sharon Block and Richard Griffin to the National Labor Relations Board. Without Members Block and Griffin, most of the Board decisions issued in 2012 and all issued in 2013 are void for lack of a quorum. If this decision stands, the only validly appointed member of the Board still serving is Chair Mark Gaston Pearce. The decision also calls into question the "recess appointment" of Richard Condray to head the Consumer Financial Protection Bureau.

D.C. Circuit Holds Recess Appointments to NLRB Invalid

Ogletree Deakins • January 28, 2013
On January 25, 2013, a three-member panel of the D.C. Circuit Court of Appeals issued a decision finding that the recess appointments to the National Labor Relations Board (NLRB) by President Obama on January 4, 2012 were unconstitutional. Specifically, the court held that the Board lacked a quorum of three members when it issued the decision in this case because the appointments did not occur during a “recess” of the Senate. This ruling stands to have broad ramifications as it calls into question the validity of the Board’s decisions dating back to January 4, 2012. Noel Canning v. NLRB, No. 12-1115, D.C. Circuit Court of Appeals (January 25, 2013).

NLRB Recess Appointments Invalid, D.C. Court Holds

Littler Mendelson, P.C. • January 28, 2013
In a decision that could potentially invalidate hundreds of Board decisions, the U.S. Court of Appeals for the D.C. Circuit has held that President Obama’s three recess appointments to the NLRB were unconstitutional. In the decision, Noel Canning v. NLRB, the court vacated an unfair labor practice determination on the grounds that the Board lacked a legitimate quorum when it issued its decision.

For Want of a Quorum: Court Rules Against NLRB

Fisher & Phillips LLP • January 28, 2013
Mid-morning on Friday, January 25, 2013, the U.S. Court of Appeals for the District of Columbia Circuit issued a long-awaited ruling refusing to enforce the National Labor Relations Board’s bargaining order against a petitioning employer. The basis for the court’s decision was the improper appointment of three members of the NLRB. Noel Canning v. NLRB

Recess Appointments at NLRB Unconstitutional, Federal Appeals Court Rules

Jackson Lewis P.C. • January 28, 2013
National Labor Relations Board Members Sharon Block, Richard Griffin, and former Member Terence F. Flynn were not properly named to the Board as interim appointees by President Barack Obama at the beginning of 2012, the U.S. Court of Appeals for the District of Columbia Circuit has ruled. Noel Canning v. NLRB et al., Nos. 12-1115 and 12-1153 (D.C. Cir. Jan. 25, 2013). The three-judge panel said President Obama did not have the power to make the three recess appointments to the Board because the Senate was officially still in session at the time and therefore they were not made during “the recess” that takes place between sessions, as required by the Constitution.

What Now for the NLRB? Recess Appointments Invalid

Ogletree Deakins • January 28, 2013
Although undoubtedly not the last word, today's opinion by the D. C. Circuit Court of Appeals limiting the President to make "recess appointments" only between sessions of Congress, is a major break in precedent, not so much with prior court decisions but with prior practice by Presidents of both parties. Obama Labor Board Recess Appointments Are Unconstitutional, Federal Court Rules.

D.C. Court of Appeals Rules NLRB Recess Appointments Were Unconstitutional; Calls into Question Hundreds of Decisions Issued Last Year

Franczek Radelet P.C • January 28, 2013
The U.S. Court of Appeals for the D.C. Circuit ruled this morning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National Labor Relations Board were unconstitutional because they did not occur during an intersession recess of the Senate. Without those three members, the court held that the Board did not have a quorum and could not act lawfully. If the court’s ruling stands, it would invalidate all the decisions made by the NLRB since Member Becker’s term ended on January 3, 2012. It also would leave the NLRB with just one validly appointed member.

Court Finds President's Recess Appointments to NLRB Unconstitutional

FordHarrison LLP • January 28, 2013
A three-judge panel of the D.C. Circuit Court of Appeals has held that President Obama's recess appointment of three members to the National Labor Relations Board (NLRB) violated the U.S. Constitution. See Noel Canning v. NLRB, No. 12-1115 (January 25, 2013). While the NLRB likely will appeal this decision to the U.S. Supreme Court, if it stands, the decision could mean that hundreds of Board decisions issued over the last year are invalid.