loader
Page is loading...
Print Logo Logo
generic_insight_detail

An Extension of Noel Canning? Becker Appointment in Jeopardy too


Question markYesterday in its NAM v. NLRB decision which struck down the NLRB posting rule, the D.C. Circuit observed a further possible extension of its earlier Noel Canning decision, noting that under the reasoning of Noel Canning, Member Craig Becker’s recess appointment to the NLRB would also be considered invalid. In the course of its opinion, the D.C. Circuit stated “To the extent that Noel Canning applies—we assume, without deciding, that it does—Becker’s appointment was constitutionally invalid.”

If the reasoning of Noel Canning is upheld, this puts into jeopardy all decisions made while Member Becker was one of three members of the NLRB, going back to August 2011 when Member Wilma Leibman’s term expired.

The Noel Canning cert petition remains pending at the U.S. Supreme Court.


RELATED ARTICLES

Does An Apple a Day Keep the Union At Bay? Nope.

June 28, 2022 | Labor Relations, National Labor Relations Board, Union Organizing

Shorthanded: Labor Board Faces Challenges In Handling Influx of Cases

May 9, 2022 | Labor Relations, National Labor Relations Board, Union Organizing

Labor Law Remedies: Back Pay, Front Pay, And … Training?

May 2, 2022 | Labor Relations, National Labor Relations Board

Up and Away: Union Organizing Skyrockets 57% in Last Six Months

April 19, 2022 | Labor Relations, National Labor Relations Board, Union Organizing

Saga Continues: Legal Spat Over Labor Board’s Top Lawyer Heads to Fifth Circuit

April 4, 2022 | 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.