Jump to Navigation

President Obama Re-Nominates Recess Appointee to the NLRB

Two weeks after the U.S. Supreme Court held in Noel Canning that the three January 4, 2012 recess appointments to the National Labor Relations Board were invalid, the President has re-nominated one of these recess appointees to the Board.  On July 10, President Obama announced his intent to nominate Sharon Block to once again be a member of the Board.  Block, along with Richard Griffin and Terence Flynn, was seated on the Board while the Senate was still holding brief pro forma sessions every three days. The Court in Noel Canning determined that these sessions did not constitute a...

NLRB General Counsel Outlines Priorities, Provides Noel Canning Update During Webinar

National Labor Relations Board General Counsel Richard Griffin discussed various steps the Board is taking in light of the Noel Canning decision, as well as his office’s priorities during a July 9 webinar sponsored by the American Bar Association. During the first part of the program, Griffin provided an update on the Board’s pending cases following the Supreme Court’s finding in Noel Canning that the three January 2012 recess appointments to the Board were invalid. Griffin explained that there were a total of 98 cases in the federal courts of appeals involving the...

Supreme Court Invalidates NLRB Recess Appointments

Last week the U.S. Supreme Court issued its highly anticipated decision in Noel Canning v. NLRB. Affirming the D.C. Circuit's January 2013 ruling in favor of beverage distributor Noel Canning, the Court held that President Obama's January 2012 recess appointments to the National Labor Relations Board were unconstitutional because the Congressional recess was of insufficient length.     The three recess appointments at issue – Members Sharon Block, Terence Flynn, and Richard Griffin – occurred on January 4, 2012, during an intra-session recess while...

Supreme Court Rules Against Public Sector Union in Limited Decision

The U.S. Supreme Court on Monday delivered a limited blow to public sector unions.  In Harris v. Quinn, the Court held that compulsory union agency fees imposed on Illinois home care workers violate the First Amendment.  However, the Court held back from issuing a more expansive ruling that could have sounded the death knell for public sector unionism as a whole.  Specifically, the Court did not overrule its 1977 decision in Abood v. Detroit Bd. of Educ., in which it held that an agency-shop clause was valid for public sector employees so long as the fees are used for...

House Subcommittee Discusses Pending National Labor Relations Board Issues

The U.S. Supreme Court is just days away from releasing its recess appointment opinion in Noel Canning, which will determine whether the National Labor Relations Board will have to revisit and re-decide thousands of decisions. The validity of President Obama’s recess appointments to the NLRB, however, is not the only labor-related issue employers are watching. During a June 24 hearing before the House Subcommittee on Health, Employment, Labor, and Pensions, Chairman Phil Roe (R-TN) explained that the Board has solicited input on two issues “that could significantly affect the...


Subscribe by RSS/XML

Subscribe by email

* indicates required


Format: 2014-07-23
Format: 2014-07-23