By:  Kenneth R. Dolin, Esq.

The U.S. Supreme Court last month decided the Noel Canning case, unanimously holding that President Obama’s proposed recess appointments of Terrence Flynn, Sharon Block and Richard Griffin to be members of the National Labor Relations Board (Board) were unconstitutional. The Court reasoned that the brief Senate break in January

By:  John J. Toner, Esq.

The Supreme Court today issued its much anticipated decision in NLRB v. Noel Canning, regarding the President’s authority to avoid the Senate’s confirmation procedure by granting recess appointments to fill  vacant positions. The decision specifically involved the legitimacy of the President’s recess appointment of Terence Flynn, Sharon Block,

By:  Marshall B. Babson, Esq.           

           In perhaps the most important constitutional case involving the NLRB since the constitutionality of the National Labor Relations Act (“NLRA” or “Act”) was decided 76 years ago in Jones & Laughlin v. NLRB, the Supreme Court  this morning heard argument in NLRB v. Noel Canning.  On its

By: Anne D. Harris, Esq.

The U.S. Court of Appeals for the Second Circuit recently affirmed a district court’s grant of a temporary injunction brought by the NLRB under Section 10(j) of the National Labor Relations Act to prevent an operator of a group of long-term elder care facilities from engaging in alleged unfair

By: Bryan Bienias, Esq.

After months of partisan political jujitsu, the U.S. Senate last week confirmed all five of President Obama’s nominations to the National Labor Relations Board. The three Democratic and two Republican members include Chairman Mark Gaston Pearce (D), Kent Hirozawa (D), Nancy Schiffer (D), Harry I. Johnson, III (R), and Philip

By:  Christopher Busey, Esq.

Who imagined that the hottest topic in labor law for over six months would actually be a question of constitutional law?  Yet that remains the case after the Fourth Circuit’s recent 2-1 decision in NLRB v. Enterprise Leasing Co. Southeast, LLC, No. 12-1514, July 17, 2013.

In Noel Canning

By: Anne D. Harris, Esq.

On July 2, 2013, a divided panel of the U.S. Court of Appeals for the Sixth Circuit vacated an NLRB ruling and found that registered nurses employed by a nursing home were supervisors under the National Labor Relations Act. 

The dispute arose in 2011 when the International Association of

By:  Nicholas R. Clements, Esq.

The Supreme Court announced today that it will hear the pivotal labor relations case, NLRB v. Noel Canning, during its 2013-2014 term.  Seyfarth Employer Labor Relations bloggers have written extensively about the Noel Canning matter since January 25, 2013.  See, e.g.,  here and here.  On that date, the U.S.