Today, the NLRB announced that it will appeal Noel Canning vs. NLRB to the U.S. Supreme Court.
On January 25, 2013, the United States Court of Appeals for the D.C. Circuit ruled that President Obama’s “recess” appointments of three National Labor Relations Board members was unconstitutional. During a congressional recess, the President may appoint Board members without congressional approval. The DC Circuit ruled that Congress wasn’t in recess when the appointments were made. This is a huge case that could potentially affect hundreds of NLRB rulings from the beginning of 2012 until the case is resolved.
Presumably, if the Supreme Court upholds the DC Circuit Court’s decision, all of the cases decided in the interim could be considered of no force and effect since the rulings were made by a Board lacking a proper quorum. In an era when the Board appears to be proactively union, I will continue to follow and report on this case with great interest.