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.


RELATED ARTICLES

Slow Mo: Union Election Pace Slowed In 2020

January 11, 2021 | Labor Relations, Unions and Union Membership

A Tweet For A Tat: Magazine Founder’s Twitter Post Ruled Unlawful

December 3, 2020 | Labor Relations, National Labor Relations Board

Kicking It Into Gear: NLRB Continues Improving Case Processing Statistics

November 13, 2020 | Labor Relations, National Labor Relations Board

Mail It In! NLRB Sets Standards For Mail-In Ballot Union Elections During Pandemic

November 10, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Scabby The Rat On The Chopping Block

October 28, 2020 | Labor Relations, National Labor Relations Board, Strikes and Picketing

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.