loader
Page is loading...
generic_insight_detail

Department of Justice Files Writ of Certiorari with U.S. Supreme Court in Noel-Canning Case


The Solicitor General of the United States, Donald B. Verrilli, has filed a Writ of Certiorari on behalf of the National Labor Relations Board (the NLRB), asking the Supreme Court to review the decision by the D.C. Circuit, which we discussed here. In the Writ of Certiorari, Verrilli asks the Court to overturn the D.C. Circuits decision, which found President Obama’s recess appointment to the NLRB unconstitutional, on the grounds that…

1. “[t]he court of appeals’ decision would dramatically curtail the scope of the President’s authority under the Recess Appointments Clause;”

2. the decision “conflicts with the decisions of three other federal courts of appeals and with the central objects of the Recess Appointments Clause;”

3. the decision “would deem invalid hundreds of recess appointments made by Presidents since early in the Nation’s history;” and (4)“[i]t potentially calls into question every order issued by the National Labor Relations Board since January 4, 2012, and similar reasoning could threaten past and future decisions of other federal 12 agencies.”

The response to the Writ is due to the Supreme Court on May 28, 2013.


LEAVE YOUR COMMENT

RELATED ARTICLES

Court Overturns Suspension of Employee Refusing Work Due to Safety Concerns

July 9, 2019 | Labor Relations, Unions and Union Membership, National Labor Relations Board

What Happened To Former NLRB Chairman Mark Gaston Pearce?

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

NLRB Rules Employers May Maintain Discipline Between Election and Certification

June 24, 2019 | Labor Relations, National Labor Relations Board

NLRB Gives Employers Win Against Non-Employee Union Organizers

June 17, 2019 | Labor Relations, National Labor Relations Board

Cough it Up! Company Forced to Give Union Complete Copy Of Third-Party Agreement

June 11, 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
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.