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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 charges pending a decision on the dispute over “recess” appointments to the NLRB (CSC Holdings, LLC, et al. v. National Labor Relations Board, No. N/A, U.S. Sup.).
(Emergency application available. Document #73-130712-025X.)
The U.S. Supreme Court is set to hear arguments in NLRB v. Noel Canning (No. 12-1281, cert. granted June 24, 2013) [lexis.com subscribers may access Supreme Court briefs for this case] in the fall concerning whether January 2012 appointments by President Obama to the NLRB were appropriate under the recess appointments clause contained in the U.S. Constitution. In the meantime, the District of Columbia Circuit U.S. Court of Appeals’ ruling in Noel Canning held that the appointments contravened the clear text of the clause.
CSC and Cablevision argue in their application that because the NLRB had not sought a stay of the D.C. Circuit’s mandate in Noel Canning and “has boldly proclaimed that both it and its agents nevertheless can continue wielding federal authority,” it is in “open defiance of Congress and a federal court is at war with the rule of law.”
‘Severe And Immediate Harm’
CSC and Cablevision further argue that “[l]eft unchecked, the Board’s flouting of both legislative and judicial authority will subject those parties [involved in agency proceedings] and the public to severe and immediate harm.”
In the alternative, CSC and Cablevision ask the high court to construe their application as a petition for certiorari before judgment, stay the agency proceedings pending a decision on the petition and grant the petition.
Doreen S. Davis of Jones Day in New York, Jerome B. Kauff of Kauff, McGuire & Margolis in New York and Theodore B. Olson and Matthew D. McGill of Gibson, Dunn & Crutcher in Washington represent CSC Holdings and Cablevision.
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