loader
Page is loading...
Print Logo Logo
generic_insight_detail

Obama's New NLRB Nominees and Noel Canning


As we previously reported, a deal has been struck to avoid the so-called "nuclear option" of changing the body's filibuster rules in exchange for President Obama withdrawing the re-nomination of two current members who originally were installed through controversial recess appointments. As we reported here, the United States Supreme Court recently agreed to hear the controversy over these recess appointments. The case the Court agreed to hear is NLRB v. Noel Canning.

The President’s new nominations will be Nancy Schiffer, former associate general counsel at the AFL-CIO, and Kent Hirozawa, who has served as Chief Counsel to NLRB Chairman Mark Pearce since 2010. What effect, if any, could this development have on the Supreme Court's ability to hear the Noel Canning decision? For example, several commentators have speculated that these appointments could simply confirm retroactively all the decisions made by the controversial recess appointments (including Noel Canning). If so, would that “moot” the Noel Canning case?

Probably not. On appeal, the Board no longer has the ability to take action where jurisdiction has been transferred to the relevant court of appeals or the Supreme Court. In any event, it will be interesting to see how this plays out.


RELATED ARTICLES

Labor Law Recap: 2022 Was The ‘Year of the Strike’

January 10, 2023 | Labor Relations, Strikes and Picketing

Labor Law Changes To Be Aware Of In The New Year

January 3, 2023 | Labor Relations, National Labor Relations Board

Prices Keep Rising: Labor Board Significantly Expands Remedies Available To Employees

December 14, 2022 | Labor Relations, National Labor Relations Board

Triple Threat: NLRB Facing Staffing Shortages, Increased Workload, and Budgetary Constraints

November 30, 2022 | Labor Relations, National Labor Relations Board

Reversing the Call: NLRB Seeks to Rescind 2020 Rule, Protect Union Status

November 8, 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.