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
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...
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
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
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
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...
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
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
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...
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
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
The case applies to that one NLRB matter and that one only. Other NLRB cases
that have pending appeals may...
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
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...
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...
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?
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...
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...
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...
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...
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...
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...
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...
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...
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...