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: 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: 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.

By Christopher Busey

Recent developments surrounding the National Labor Relations Board have cast a pall over this federal agency. On Tuesday, President Obama announced three nominations to the NLRB in an attempt to rectify the situation. The President renominated current Chairman Mark Gaston Pearce and nominated two management-side attorneys, Philip A. Miscimarra and Harry I.

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