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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.

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.

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 & Prophete, 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).

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.