By Christian J. Rowley, Esq.

On May 7, 2013, in yet another significant legal setback for the National Labor Relations Board (“Board”), a unanimous panel of  the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) invalidated the Board’s 2011 rule (“Rule”) mandating that all employers subject to the National

By Joshua M. Henderson

This afternoon, NLRB Chairman Mark Gaston Pearce issued a statement in response to the D.C. Circuit’s decision invalidating the recess appointments of three members of the Board:

“The Board respectfully disagrees with today’s decision and believes that the President’s position in the matter will ultimately be upheld. It should be noted

By Joshua M. Henderson

Today, the Court of Appeals for the D.C. Circuit invalidated three of President Obama’s recent appointments to the NLRB on constitutional grounds.  In Noel Canning v. NLRB, a unanimous court held that the appointments of Sharon Block, Terence Flynn, and Richard Griffin to the Board on January 4, 2012 were