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NLRB Bypasses DC Circuit Rehearing and Intends to Proceed to Supreme Court


The National Labor Relations Board has announced that it will forgo an en banc rehearing of the D.C. Circuit Court of Appeals' decision in Noel Canning v. NLRB which held that President Obama's recess appointments of Terence Flynn, Richard Griffin and Sharon Block were unconstitutional. Instead, the NLRB will file a petition for certiorari with the U.S. Supreme Court which is due on April 25, 2013. Obviously there will be more to come on this story.

For our previous coverage of this story, see the follow BT Labor Relations articles:

BT Labor Relations – “ D.C. Circuit Holds NLB Recess Appointments Invalid .”
BT Labor Relations – “ Senator Introduces Bill to Overturn NLRB Decisions .”
BT Labor Relations – “ If At First You Don’t Succeed: Obama Renominates NLRB Appointments .”


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Ripples of Noel Canning Continue

February 20, 2015 | National Labor Relations Board, Labor and Employment

NLRB Advice Memo follows Alan Ritchey on Discretionary Discipline, Despite Nullification by Noel Canning

November 26, 2014 | National Labor Relations Board, Labor and Employment

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