Obama's Recess Appointments

Outgoing NLRB Members Find New Positions As readers of this blog know, the Senate recently confirmed five members on the NLRB.  The compromise that permitted the confirmation vote to move forward required that President Obama withdraw his nominations of two individuals who were serv...
Senate Confirms NLRB Appointments The U.S. Senate voted yesterday to confirm all of President Obama's nominees to the NLRB.  The Democratic nominees were confirmed on a roll call vote, while the Republican nominees were confirmed on a voice vote.  Thus, for the first time in ...
By:  Christopher Busey, Esq. Who imagined that the hottest topic in labor law for over six months would actually be a question of constitutional law?  Yet that remains the case after the Fourth Circuit’s recent 2-1 decision in NLRB v. Enterprise Leasing Co. Southeast, LLC, No. 12-1514, July 17, 2013. In Noel Canning v. NLRB... Continue Reading
Monday Morning Regulatory Review: CO2 Emmissions, Securities Whistleblowers, Wage Methodology, Recess Appointments Two recent cases of interest deserve at least a summary review – the vacation of an Environmental Protection Agency (EPA) rule that deferred regulation and permitting of some carbon dioxide emissions in scientific uncertainty and rejection of a Securities and Exchange Commission (SEC) rule on whistleblowers in private litigation.  In response to litigation and Congressional... Continue Reading
How will the deal reached in the Senate regarding NLRB nominations impact the recess appointment dispute in the Noel Canning case pending at the U.S. Supreme Court, and the many other cases presenting the issue pending in the federal courts of appeals and at various stages before the Board?  Below are some common questions and answers. Q.  When will the new Board... Continue Reading
Reportedly there is a tentative deal between Republicans and Democrats in the U.S. Senate which will avoid the so-called “nuclear option” of eliminating filibusters of certain Presidential nominations.  We do not have all the details, and it remains to be seen how it will play out, but here is what we have heard are the... Continue Reading