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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...

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...