loader
Page is loading...
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.


LEAVE YOUR COMMENT

RELATED ARTICLES

NLRB Says Employers Can Change Arbitration Agreements After Being Sued

August 15, 2019 | Labor Relations, National Labor Relations Board

NLRB Reveals Proposed Regulations Revamping Election Procedures

August 9, 2019 | Labor Relations, National Labor Relations Board

Labor Board: Executive’s Comments Did Not Unlawfully Create the Impression of Surveillance

August 1, 2019 | Labor Relations, National Labor Relations Board

Shakeup at the NLRB

July 25, 2019 | Labor Relations, National Labor Relations Board

Court Overturns Suspension of Employee Refusing Work Due to Safety Concerns

July 9, 2019 | Labor Relations, Unions and Union Membership, 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.