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 case involving the NLRB’s election rule and after the AFL-CIO called on the NLRB to appeal the Noel Canning decision to the Supreme Court.
The NLRB’s decision to appeal could bring certainty for labor professionals. The Supreme Court does not have to accept the appeal, but if it does, its decision on the merits will resolve with finality whether the NLRB has the authority to act without Senate confirmed members.