loader
Page is loading...
generic_insight_detail

D.C. Circuit Holds NLRB Recess Appointments Invalid


GavelIn a groundbreaking decision issued this morning, the D.C. Circuit Court of Appeals has held that President Obama's appointments to the National Labor Relations Board (NLRB) in January 2012 (appointing Democratic members Richard Griffin and Sharon Block and Republican member Terrance Flynn, who has since resigned ) were invalid as recess appointments because the Senate was not in recess. And because the appointments were not valid, the D.C. Circuit held that the challenged Board order was also invalid for lack of a three-member quorum.

This is a major decision by the D.C. Circuit that will have far-reaching consequences. Presumably, all decisions made by the NLRB since the invalid appointments can now be challenged for lack of quorum. Stay tuned for updates on this issue, including a future Barnes & Thornburg client alert and more in-depth coverage of the D.C. Circuit decision.

The D.C. Circuit case is Noel Canning v. NLRB, D.C. Circuit Case No. 12-1115 and today’s opinion is available here.

Our previous coverage of the recess appointments issue is available here .


LEAVE YOUR COMMENT

RELATED ARTICLES

Uh-Oh: Company’s Social Media Policy Ruled Unlawful

September 18, 2019 | Labor Relations, National Labor Relations Board

Another Win for Employer Property Rights: NLRB Loosens Discrimination Definition

September 13, 2019 | Labor Relations, National Labor Relations Board

At Long Last, NLRB Adopts Contract Coverage Over Waiver

September 12, 2019 | Labor Relations, National Labor Relations Board

Labor Board Clears Boeing For Takeoff, Ices Funky Bargaining Unit

September 10, 2019 | Labor Relations, National Labor Relations Board

The Dizzying World of Worker Classification Just Got Slightly Less Harrowing

September 3, 2019 | Labor Relations, National Labor Relations Board

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
NLRB
Noel Canning
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.