Supreme Court Hears Noel Canning Oral Arguments: Did the Justices Tip Their Hand? – Ron Meisburg

By | LXBN | January 15, 2014

It usually isn’t the best idea to put too much stock into Supreme Court oral arguments, for a number of reasons. But given the amount of skepticism the justices seemed to show for President Barack Obama to make recess appointments to the National Relations Board, it’s hard not to wonder if the Court’s already made up its mind in NLRB v. Noel Canning—and what this might mean for the world of labor law.

NLRB at the Center of Separation of Powers Battle Between the President and the Senate

In perhaps the most important constitutional case involving the NLRB since the constitutionality of the National Labor Relations Act (“NLRA” or “Act”) was decided 76 years ago in Jones & Laughlin v. NLRB, the Supreme Court  this morning heard argument in NLRB v. Noel Canning.

Not So Fast, My Friend! Eleventh Circuit Weighs in On NLRB Recess Appointment Issue

By | Employment Law Spotlight | November 26, 2013
Not So Fast, My Friend!  Eleventh Circuit Weighs in On NLRB Recess Appointment Issue

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.

NLRB ALJ Concludes That Employer Cannot Condition Bargaining On Outcome of Noel Canning Case

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.

Continuing the Pro-Employer Trend? What to Watch in the Supreme Court’s 2013/2014 Term

By | Employment Law Lookout | October 1, 2013

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.