NLRB Reverses Sodexo Off Duty Access Decision – a Crack in the Door After Noel Canning…Or Not? Employers often maintain policies prohibiting off-duty employees from accessing their facilities.  The NLRB has maintained its “Tri-County Medical” rule for nearly 40 years:  an employer’s rule barring off-duty employee access to a facility is valid only if it (1) limits access solely to the interior of the facility, (2) is clearly disseminated to all employees, … Continue Reading

By:  Kenneth R. Dolin, Esq.

The U.S. Supreme Court last month decided the Noel Canning case, unanimously holding that President Obama’s proposed recess appointments of Terrence Flynn, Sharon Block and Richard Griffin to be members of the National Labor Relations Board (Board) were unconstitutional. The Court reasoned that the brief Senate break in January 2012, during which time the … Continue Reading

By: Steven M. Swirsky, Adam C. Abrahms, and D. Martin Stanberry In case you were hoping that the Supreme Court’s recent decision in Noel Canning would finally put to bed any questions regarding President Obama’s recess appointments to the NLRB, or that the Fifth Circuit’s rejection of the Board’s decision in  D.R. Horton might alter the... Continue Reading

9 Key NLRB Decisions Invalidated by the Supreme Court’s Noel Canning Decision When the Supreme Court decided National Labor Relations Board v. Noel Canning on June 26, 2014, it invalidated the cases that the NLRB decided between January 4, 2012 and August 3, 2013. Here are some of the key cases affected by this opinion: Costco Wholesale Co. - Here the Board held unlawful an employer’s handbook policy prohibiting employees from … Continue Reading
Hensarling and CFPB disagree on impact of Supreme Court’s Canning decision

It should be no surprise that the CFPB and Republican Congressman Jeb Hensarling, who chairs the House Financial Services Committee, have different perspectives on the U.S. Supreme Court’s ruling last week that President Obama exceeded his Constitutional recess appointment authority when he filled three vacancies on the National Labor Relations Board in January 2012 . ... More >

U.S. Supreme Court Declares President Obama’s NLRB Recess Appointments Unconstitutional On June 26, 2014, the U.S. Supreme Court affirmed the decision issued by the U.S. Court of Appeals for the District of Columbia Circuit that President Obama’s recess appointments to the National Labor Relations Board (“NLRB”) on January 4, 2012, were unconstitutional.  The Supreme Court’s decision in NLRB v. Noel Canning means that the NLRB did … Continue Reading
In a landmark decision, the United States Supreme Court ruled yesterday that President Obama’s three recess appointments to the National Labor Relations Board (NLRB) were unconstitutional.  Click here for the ruling.  President Obama had relied upon the Constitution’s Recess Appointments Clause to appoint three members of the NLRB.  The Court ruled, however, that the “pro... Continue Reading