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NLRB v. Noel Canning (June 26, 2014)

Articles Discussing Case:

Supreme Court Invalidates Recess Appointments to NLRB

FordHarrison LLP • June 27, 2014
In a long-awaited decision, the U.S. Supreme Court has held that President Obama's recess appointments of Members Block, Griffin, and Flynn to the National Labor Relations Board (NLRB) on January 4, 2012, were unconstitutional. See NLRB v. Noel Canning (June 26, 2014). Although the Court broadly interpreted the President's power under the Recess Appointments Clause, it held that the three-day session during which the appointments were made was too short to fall within the Clause. Accordingly, the Court found that the President lacked the authority to make these appointments. Although the positions held by these members have since been filled by validly appointed members, the decision calls into question the validity of hundreds of Board opinions issued during the time these members served because the Board lacked a valid quorum during that time.

U.S. Supreme Court Unanimously Finds NLRB Recess Appointments Unconstitutional

Franczek Radelet P.C • June 27, 2014
As we reported to you in March 2013, in Noel Canning v. NLRB, the U.S. Court of Appeals for the DC Circuit ruled that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who resigned prior to DC Circuit decision), and Sharon Block to the National Labor Relations Board (NLRB) were unconstitutional because they did not occur during an inter-session recess of the Senate. Without those three members, the DC Circuit held that the NLRB did not have a quorum and could not act lawfully, calling into question the continuing validity of literally hundreds of NLRB decisions issued between January 3, 2012 (when Member Becker’s term ended) and August 2013, when the current NLRB members were confirmed by the Senate.

eLABORate: U.S. Supreme Court Invalidates President Obama's January 2012 NLRB Recess Appointments

Phelps Dunbar LLP • June 27, 2014
The U.S. Supreme Court has held that three recess appointments made by President Obama to the National Labor Relations Board (“NLRB”) in January 2012 were unconstitutional. The decision calls into question the rulings from the NLRB during the time period when the disputed recess appointees were on the board.

Supreme Court Strikes Down NLRB Recess Appointments

Fisher Phillips • June 27, 2014
Dealing the agency its second major setback on the legitimacy of its quorum, the Supreme Court has invalidated a trio of recess appointments made to the NLRB back in January of 2012. Moments ago, the Court handed down its landmark decision in NLRB v. Noel Canning, upholding a challenge to the agency’s authority to issue hundreds of decisions over the 18 months that followed the invalid appointments.

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