Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: Noel Canning

Former NLRB Acting General Counsel’s Service Invalid

Posted in Courts
Former NLRB Acting General Counsel Lafe Solomon was not permitted to serve in that capacity once former President Obama nominated him for the position of General Counsel of the NLRB.  So held the U.S. Supreme Court yesterday in a 6-2 decision.  The decision is just the most recent in a line of cases on the NLRB’s… Continue Reading

Judge Gorsuch and the NLRB Part 1: An Initial Overview

Posted in Courts
Earlier this week, as I’m sure everyone has now heard, President Trump announced his pick for the U.S. Supreme Court. For those of you who missed it, President Trump nominated Neil Gorsuch, a judge on the U.S. Court of Appeals for the Tenth Circuit. Curious about his decisions in cases involving the NLRB, I set… Continue Reading

My Obligatory SCOTUS Nominee Blog Post….

Posted in Courts
So, by now, I’m sure everyone has heard that President Obama announced his pick for the U.S. Supreme Court last week.  In case you missed that, he selected Chief Judge Merrick Garland, from the D.C. Circuit Court of Appeals.  As a result, many have been writing about how Judge Garland has ruled in any given… Continue Reading

Supreme Court Rules that Obama Recess Appointments Invalid

Posted in NLRB
In a major decision yesterday, the U.S. Supreme Court held that the recess appointments President Obama made to the NLRB in January 2012 were unconstitutional. The case related to the appointments of three members of the NLRB on January 4, 2012, during a period of time in which the U.S. Senate was in an intra-session… Continue Reading

NLRB Abandons its Appeal of Union Election Rule Decision, May Re-issue Challenged Rule

Posted in NLRB
By Nelson Cary and Michael Shoenfelt Earlier this week, the NLRB voluntarily dismissed its appeal of a 2012 decision invalidating a rule designed to “streamline” union elections. Commonly known as the “ambush” or “quickie” election rule, the rule would have significantly decreased the amount of time between the filing of a petition to unionize with… Continue Reading

Supreme Court Sets Oral Argument in Noel Canning Case

Posted in NLRB
Oral argument on the Noel Canning case will take place on January 13, 2014 before the justices of the U.S. Supreme Court. As readers of this blog will recall, Noel Canning was the first of three different U.S. court of appeals decisions holding that President Obama’s recess appointees to the NLRB were unconstitutional. While the… Continue Reading

Senate Compromises; New Picks Anticipated for NLRB Positions

Posted in NLRB
The Senate has avoided a "nuclear" confrontation over several pending appointments, including the appointments of all five members of the NLRB.  As readers of this blog know, President Obama’s appointments to the NLRB generated significant controversy because they included two individuals, Members Griffin and Block, whose recess appointments in 2012 have been held to be… Continue Reading

Four Noteworthy Developments from Last Week

Posted in NLRB
Developments in four different areas last week deserve some attention.  All of them touch on issues that this blog has tracked in the past, and all of them will be of interest to the labor professional. NLRB Nominations. The President’s nominations to the NLRB continue to move through the Senate confirmation process. The Senate’s Health,… Continue Reading

What a Week! An Update on the NLRB Appointments

Posted in NLRB
Hobbled by controversy over the political appointees that run the NLRB, last week brought news that the agency may not be on the road to recovery anytime soon. In twin developments, occuring on the same day last week, actions by the courts and the Congress demonstrated the tough political road ahead for the NLRB. In… Continue Reading

President Obama Announces NLRB Nominations

Posted in NLRB
President Obama announced his intention today to nominate three individuals to the NLRB. The President’s action comes at a time when the authority of the NLRB to act in cases and rulemaking activities is on appeal to the U.S. Supreme Court and when only one of the sitting NLRB members has been confirmed by the U.S. Senate. The… Continue Reading

NLRB Announces Appeal of Recess Appointments Decision

Posted in NLRB
Earlier this afternoon, the NLRB announced that it will appeal the Noel Canning decision to the U.S. Supreme Court.  Noel Canning is the case from the federal appeals court in the District of Columbia holding that President Obama’s recess appointments to the NLRB were unconstitutional.  The NLRB’s announcement comes after, among other things, the court of appeals delayed oral argument in an a… Continue Reading

Unions Speak Out on NLRB Recess Appointment Ruling

Posted in Unions
In case you were wondering what unions thought about the Noel Canning decision, which held that President Obama’s recess appointments to the NLRB were unlawful, your wait is now over. Earlier this week, at its Executive Council meeting, the AFL-CIO let its views be known. In a statement adopted by the Council, the AFL-CIO decried… Continue Reading

Court of Appeals Delays Argument on NLRB’s Election Rule

Posted in NLRB
Last year, a federal district court judge found that the NLRB’s election rule was invalid. The NLRB appealed that ruling, and announced that it would delay implementation of the rule pending the outcome of the appeal. Earlier this year, the Court of Appeals set oral argument in the appeal for April 4. After setting this date, however,… Continue Reading

President Obama Renominates Griffin and Block to NLRB

Posted in NLRB
Less than three weeks after the U.S. Court of Appeals for the District of Columbia declared their recess appointments invalid, President Obama has again nominated Richard Griffin (D) and Sharon Block (D) to serve on the NLRB.  In the names he sent to the Senate last week, however, President Obama did not include any Republicans for two… Continue Reading

Court Declares NLRB Recess Appointments Unconstitutional

Posted in NLRB
In what will likely be one of the more significant labor law developments in 2013, a federal court of appeals in Washington, D.C. ruled today that President Obama’s recess appointments to the NLRB were unconstitutional.  On January 4, 2012, three individuals received recess appointments to the NLRB:  Members Flynn (R), Block (D), and Griffin (D).  At the time,… Continue Reading

Court Hears Argument on Validity of NLRB Appointments

Posted in NLRB
One of the developments I suggested labor professionals keep an eye on after the election was the validity of President Obama’s appointments to the NLRB at the beginning of 2012.  As summarized in the prior post, two of the four current NLRB members received "recess appointments" that are now at issue.  Today, the federal Court of Appeals… Continue Reading