As we previously reported, the United States Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013) struck down President Barack Obama’s “recess appointments” of three members of the National Labor Relations Board (“Board”) as unconstitutional, placing into question the legitimacy of numerous (mostly pro-union/employee) decisions issued during 2012.
On October 22, an NLRB administrative law judge found that an employer violated the National Labor Relations Act when it refused to bargain with a union that had been certified by the Board unless the union agreed that any deal would be voided if the U.S. Supreme Court upholds the D.C. Circuit’s decision in Noel Canning. 12-CA-101034.
This week marks the first Monday in October, which for Supreme Court watchers is a holiday: the start of a new term. While not everyone gets that excited about the new term, there are several cases that the Court intends to hear this term that merit attention from businesses in the automotive sector.
Following a term with many employment-related decisions—and with outcomes emphatically pro-employer—the United States Supreme Court will hear the first oral arguments of its 2013-2014 term, which are currently scheduled to begin on October 7, 2013.
Board Argues SCOTUS Should Reverse Noel Canning Ruling: Abigail Rubenstein of Law360 ($$) writes that this past Friday, the National Labor Relations Board (NLRB or the Board) submitted its Brief to the Supreme Court of the United States, arguing that the D.C. Circuit’s January 2013 Noel Canning decision was in error.
The NLRB has filed its opening Supreme Court brief in the Noel Canning case, in which the validity of the President’s January, 2012 recess appointments of former, putative NLRB members Richard Griffin and Sharon Block are at issue.
We’re closing in on a year since President Barack Obama controversially appointed two members to the National Labor Relations Board during the Senate’s recesss, giving the Board the authority to act just in the nick of time, but with that authority greatly questioned. Now, just this week, the Senate officially confirmed a full five-member board, the first full NLRB in more than a decade. But do the new appointees—some swapped out for the sake of an easy confirmation—change our outlook on the Board’s agenda? And what about the Noel Canning v. NLRB suit about to go before the Supreme Court. Nelson Cary of Vorys, Sater, Seymour and Pease LLP and their blog, Vorys on Labor, joins me to discuss both issues.
Yesterday, the Senate effectively put an end to the ambiguity surrounding the current validity of the National Labor Relations Board (NLRB) by confirming all five of President Obama’s Board nominees.
In a series of votes stretching into the early evening, the Senate on Tuesday confirmed all five nominations to the National Labor Relations Board, restoring the agency to full operational capacity.
Washington Insider Update: What Are the Labor and Employment Implications of the Senate’s Recent Activities?
According to the latest from Capitol Hill “insiders,” the Senate will likely confirm all five pending nominees to the National Labor Relations Board before the chamber’s August recess.