This morning, the United States Supreme Court issued its long anticipated decision in Noel Canning. It upheld the D.C. Court of Appeals decision that President Obama’s three recess appointments to the National Labor Relations Board (Richard Griffin, Sharon Block, and Terence Flynn) were invalid appointments. As discussed in an earlier article, this could potentially invalidate hundreds of NLRB decisions issued during the time the Board did not have a sufficient number of legitimate members to create a valid quorum. Many of these decisions were very controversial, high profile decisions, which attempted to invalidate years and years of settled labor law.
While this is a technical win for employers, the effect of the fallout is still unknown. I will continue to report on the effects of this important decision as the issues unfold. Please contact me with any questions.