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: 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: Howard M. Wexler, Esq.
Upon the heels of the Obama Administration’s announcement that implementation of the large employer mandate under the Affordable Care Act (“ACA”) will be delayed until January 1, 2015 (discussed here), International Brotherhood of Teamsters General President James Hoffa, United Food and Commercial Workers International President Joseph Hansen, and…
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: Joshua M. Henderson, Esq.
Today, the Third Circuit Court of Appeals in Philadelphia set aside an order of the NLRB on the grounds that one of the members (Craig Becker) of a three-member panel that issued the order was not validly appointed to the Board. By a 2-1 vote, the Court of Appeals…
President Obama’s proposed fiscal year 2014 budget calls for a 2% increase in spending for the NLRB over the year before. Much of that 2% increase would go to increases in compensation and benefits costs for NLRB employees. The budget projects an additional 40 NLRB employees, for a total of 1,680…
By Alison Rath
National Labor Relations Board Member Terence F. Flynn (R), who was recess-appointed to the Board by President Obama in January, has been called to resign in the wake of recent reports of ethical transgression. The Board’s Inspector General, David P. Berry, recently issued two reports alleging that when Mr. Flynn was chief…
