Tag Archives: Recess Appointments

Pearce Nominated for Third Term on NLRB

Mark Gaston Pearce has been nominated by President Donald Trump to serve a third term on the National Labor Relations Board. Pearce, a 2010 recess-appointee under then-President Barack Obama, was reappointed to a second term in 2013. That term expired on August 27, 2018. Pearce’s nomination now heads to the Senate for consideration. Pearce was … Continue Reading

Breaking News: NLRB Chairman Miscimarra Declines Second Term

Reportedly citing personal reasons, National Labor Relations Board Chairman Philip Miscimarra has declined consideration for a second term on the Board. Miscimarra’s term expires on December 16, 2017, and the Board is facing a slashed budget. Miscimarra, seen as pro-business, has become known for his numerous strong dissents in opposition to labor-friendly decisions by the … Continue Reading

Short List of Possible Trump NLRB Candidates Reported

President Donald J. Trump has narrowed his list of candidates to fill the two open seats on the five-member National Labor Relations Board to Marvin Kaplan, William Emanuel, and Douglas Seaton, according to Bloomberg BNA. Emanuel and Seaton are labor attorneys and Kaplan is counsel to the Commissioner of the Occupational Safety and Health Review … Continue Reading

NLRB Ratifies Agency Actions Taken When Board Members Were Not Validly Appointed

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 … Continue Reading

U.S. Supreme Court Upholds D.C. Circuit Decision in Noel Canning Invalidating NLRB Recess Appointments

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 Labor … Continue Reading

Fourth Circuit Finds NLRB Did Not Have Quorum

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 … Continue Reading

Third Circuit Court of Appeals Decides Craig Becker’s Appointment to NLRB Was Invalid

On May 16, 2013, the United States Court of Appeals for the Third Circuit ruled that Craig Becker’s appointment to the National Labor Relations Board was invalid in NLRB v. New Vista Nursing and Rehabilitation, LLC, Nos. 11-3440, 12-1027 and 12-1936 (3rd Cir. May 16, 2013). The Court held that the Presidential recess appointment power … Continue Reading

When Is a Recess Really a Recess? Writing the Next Chapter of the Noel Canning Saga

As you read here  last week, the National Labor Relations Board has asked the Supreme Court to review the decision in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013). Noel Canning is the celebrated case in which the federal appeals court for Washington D.C. held that President Obama’s controversial 2012 NLRB recess appointments exceeded … Continue Reading

Noel Canning: Congress Enters the NLRB Fray

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 petition … Continue Reading

Noel Canning Update: NLRB Fights Back

NLRB authority is being challenged on several fronts following Noel Canning (for details on this decision, see RECESS APPOINTMENTS AT NLRB UNCONSTITUTIONAL, FEDERAL APPEALS COURT RULES. The following case, involving a representation petition filed at the NLRB by a union seeking to represent a group of an employer’s employees, is just one example.  District 1199J … Continue Reading

Will High Court Put to Rest Labor Board Recess Appointments Controversy?

After the D.C. Circuit held the recess appointments to the NLRB unconstitutional (Recess Appointments at NLRB Unconstitutional, Federal Appeals Court Rules), we began to speculate about the Board’s next move. The Board is now appealing that ruling to the U.S. Supreme Court. Read about it at Healthcare Workplace Update: NLRB Recess Appointment Question to be … Continue Reading