Noel Canning

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While maintaining that “all the administrative, personnel and procurement matters taken by the Board [from January 4, 2012 to August 5, 2013] were timely and appropriate,” the National Labor Relations Board nevertheless has announced, “in an abundance of caution,” that it has unanimously ratified all administrative, personnel, and procurement matters taken by the Board during…

According to multiple reports, President Barack Obama has announced  his intention to renominate Sharon Block to the National Labor Relations Board.

Block was one of the Board Members whose recess appointment on January 4, 2012 was invalidated in the U.S. Supreme Court’s ruling in NLRB v. Noel Canning as unconstitutional.  Block, a former labor and…

In a lengthy opinion authored by Justice Stephen Breyer, and drawing heavily on historical practice of Presidents and the Senate, the United States Supreme Court has upheld the decision of the U.S. Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, concluding that President Obama’s three recess appointments to the National…

The Fourth Circuit Court of Appeals ruled yesterday in two cases that President Obama’s recess appointments to the National Labor Relations Board were invalid, and therefore, the NLRB did not have a quorum when it issued rulings in the two cases before it.  The cases are Huntington Ingalls Incorporated v. National Labor Relations Board and…

The National Labor Relations Board is facing a new court challenge to its authority.  Daycon Products Company, Inc. has petitioned the United States Supreme Court to rule on whether former NLRB member Craig Becker’s recess appointment to the NLRB was lawful, and therefore, whether the NLRB’s decision (in which Becker’s participation was needed for a…

The United States Supreme Court has granted the NLRB’s petition for writ of certiorari in NLRB v. Noel Canning, et al. In granting the petition, the Court wrote:

The petition for a writ of certiorari is granted. In addition to the questions presented by the petition, the parties are directed to brief and argue the…

The NLRB’s petition to the United States Supreme Court for review of Noel Canning is due April 25. The Supreme Court will be the most important battleground for resolution of the question whether President Barack Obama’s recess appointments of NLRB Members Sharon Block, Richard Griffin and former-Member Terence F. Flynn were constitutional.

Even after the…