House Blockage of Presidential Recess Appointments May Impact NLRB

In July, 2011, Congressman Jeff Landry, a Republican from Louisiana, announced that he was part of an effort in the U.S. House of Representatives intent on keeping the House of Representatives in session continuously in order to prevent the U.S. Senate from going into recess without the House's...

Business Group Challenges Recess Appointments to NLRB

On January 13, 2012, the National Federation of Independent Business announced in a press release that it was seeking to amend its legal action filed in federal court on September 28, 2011, against the National Labor Relations Board over its new notice posting regulation, to include a new claim that...

Obama's "Recess" Appointments and the Constitution

President Obama kicked off the new year by making a handful of recess appointments, including three NLRB appointees . This touched off a firestorm of legal commentary. Volokh Conspiracy has a nice recess appointment round-up , featuring links to commentary ranging from libertarian-leaning Richard...

House Committee to Hold Hearings on President’s Recess Appointments to NLRB

On February 1, 2012, the U.S. House Oversight and Government Reform Committee was to hold a hearing entitled "Uncharted Territory: What are the Consequences of President Obama's Unprecedented 'Recess' Appointments." The purpose of the hearing was to explore the possible consequences...

U.S. Chamber of Commerce Challenges Legality of NLRB Recess Appointments

On March 15, 2012, the U.S. Chamber of Commerce and the Coalition for a Democratic Workplace (CDW) filed a motion to intervene with the U.S. Court of Appeals for the D.C. Circuit in Noel Canning v. National Labor Relations Board , Case No. 12-1115, an appeal by Noel Canning of an unfair labor practice...

U.S. Senators File Brief Seeking to Invalidate the President's Recess Appointments to NLRB

On September 26, 2012, U.S. Senate Minority Leader, Mitch McConnell, announced that he and 41 other Senators had filed an amicus curiae brief in the U.S. Court of Appeals for the District of Columbia in Noel Canning v. NLRB , Nos. 12-1115, 12-1153, challenging the constitutionality of the recess appointments...

D.C. Circuit: Labor Board Lacked Quorum In February 2012

WASHINGTON, D.C. - (Mealey's) The District of Columbia U.S. Circuit Court of Appeals on Jan. 25 declined to enforce a National Labor Relations Board ruling that an employer violated the National Labor Relations Act (NLRA) by refusing to reduce an oral agreement to writing and signing off on a...

National Right to Work? Plus, SCOTUS to Take Up Obama Recess Appointments

In just over half the States in America, if a majority of your co-workers elect to have a union represent them at work, then you must become a member of the union too -- whether you like it or not. Nonmembers who object to that requirement must still may union dues. However, in nearly half of the...

Lareau on Noel Canning v. NLRB: D.C. Circuit: NLRB Has Lacked Constitutional Quorum Since the Beginning of 2012

Excerpt: In Noel Canning v. NLRB, 2013 U.S. App. LEXIS 1659 (D.C. Cir. Jan. 25, 2013) [ an enhanced version of this opinion is available to lexis.com subscribers ], the D.C. Circuit invalidated the decision and order of the National Labor Relations Board ("Board") in Noel Canning, holding...

U.S. Supreme Court: No Stay in Union Dispute Despite Questions over NLRB Quorum

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Feb. 6 denied an application for a stay filed by a Connecticut nursing home company in a suit over a union strike in light of questions over the legitimacy of 2012 appointments to the National Labor Relations Board ( HealthBridge Management...

NLRB Decision Means Delays, Not Employer Free-For-All

There has been much crowing and breaking-out-of-champagne on the management side over the recent case saying President Obama's recess appointments to the NLRB were unconstitutional. The case applies to that one NLRB matter and that one only. Other NLRB cases that have pending appeals may...

Union Official Calls on President Obama to Fix the Recess Appointment Problems at the NLRB

In late February, the AFL-CIO Executive Council called on Senate Democrats to empower the National Labor Relations Board or else. "Now we demand that the president name all five people to fill those NLRB positions and that the Senate vote promptly," according to Communications Workers...

Obama’s NLRB Continues to Turn the Labor Relations World Upside Down

by Martin J. Saunders While the validity or invalidity of the National Labor Relations Board's early 2012 recess appointments has been all the rage in labor relations news recently, it's important not to overlook all of the other things the Board has been doing in recent months. Like overruling...

Third Circuit: President Obama’s NLRB Recess Appointments Unconstitutional

The United States Court of Appeals for the Third Circuit today in a 2-1 decision invalidated a number of orders of the National Labor Relations Board in NLRB v. New Vista Nursing And Rehabilitation [ an enhanced version of this opinion is available to lexis.com subscribers ] , holding that the Recess...

Third Circuit Holds Obama Recess Appointment Unconstitutional

In Noel Canning v. NLRB the D.C. Circuit held that President Obama's "recess" appointments to the NLRB were unconstitutional. For a rundown of the implications of this holding, see here . I warned you that the Third Circuit was also looking at this issue also. Well guess what? Yesterday...

Third Circuit Invalidates President Obama's Recess Appointment to NLRB

In this Emerging Issue Analysis, N. Peter Lareau, author of "NLRA: Law and Practice" and numerous other books and articles in the field of labor law, summarizes the court's decision in NLRB v. New Vista Nursing & Rehabilitation (New Vista II) and offers some thoughts on its implications...

Emergency Application Filed With U.S. High Court Seeking To Halt NLRB Actions

WASHINGTON, D.C. — (Mealey’s) CSC Holdings LLC and its direct subsidiary Cablevision Systems New York City Corp. filed an emergency application with Chief Justice John G. Roberts Jr. on July 1 seeking to halt National Labor Relations Board (NLRB) proceedings concerning unfair labor practice...

Chief Justice Denies Request To Shut Down NLRB

WASHINGTON, D.C. — (Mealey’s) U.S. Supreme Court Chief Justice John G. Roberts Jr. on July 2 denied an emergency application filed a day earlier seeking to halt National Labor Relations Board (NLRB) proceedings pending a decision on the dispute over “recess” appointments to the...

The "New" Obama NLRB: Back to the Future

Now that the Senate has confirmed a full complement of Board members, employers should expect a familiar rite of passage to occur--the reversal of the prior Board's decisions. In this case, the Bush Board decisions in key areas will likely be reviewed and reversed. The fact that the Obama Board lacked...

U.S. Supreme Court Hears Oral Arguments in NLRB Quorum Appeal

WASHINGTON, D.C. — The U.S. president has the power to fill vacancies on the National Labor Relations Board during both inter-session and intra-session recesses, the U.S. solicitor general told the U.S. Supreme Court this morning during arguments in a closely watched appeal ( National Labor Relations...

SCOTUS on NLRB Recess Appointments

At long last, the Supreme Court's opinion in NLRB v. Noel Canning is here ! It's a long opinion and will take some time to analyze, but here's my first take: The Court is unanimous in concluding that Obama's NLRB recess appointments were unconstitutional - he lacked the authority under...

U.S. High Court Nixes President’s Recess Labor Board Appointments

WASHINGTON, D.C. — (Mealey’s) The U.S. president may fill any existing vacancies of “officers of the United States,” whether occurring before or during a recess, under the “recess appointments clause” of the Constitution, Article II, Section 2, Clause 3, during any...

Supreme Court Holds NLRB Recess Appointments Invalid. Chaos Ensues?

Yesterday morning, in NLRB v. Noel Canning , the U.S. Supreme Court held that President Obama exceeded his authority in making recess appointment to fill vacancies on the NLRB in 2012. A copy of the opinion is here: http://www.supremecourt.gov/opinions/13pdf/12-1281_bodg.pdf [lexis.com subscribers...

NLRB Ratifies Actions of Noel Canning-Era Board

Remember when the Supreme Court held that President Obama's "recess appointments" to the NLRB were actually not recess appointments and therefore unconstitutional (i.e. Noel Canning )? Well, now the NLRB has some cleaning up to do. Yesterday, the NLRB issued a press release explaining that...