October 01, 2014
September 30, 2014
September 29, 2014
D.C. Circuit Holds NLRB Recess Appointments Invalid
In a groundbreaking decision issued this morning, the D.C. Circuit Court of Appeals has held that President Obama's appointments to the National Labor Relations Board (NLRB) in January 2012 (appointing Democratic members Richard Griffin and Sharon Block and Republican member Terrance Flynn, who has since resigned) were invalid as recess appointments because the Senate was not in recess. And because the appointments were not valid, the D.C. Circuit held that the challenged Board order was also invalid for lack of a three-member quorum.
This is a major decision by the D.C. Circuit that will have far-reaching consequences. Presumably, all decisions made by the NLRB since the invalid appointments can now be challenged for lack of quorum. Stay tuned for updates on this issue, including a future Barnes & Thornburg client alert and more in-depth coverage of the D.C. Circuit decision.
The D.C. Circuit case is Noel Canning v. NLRB, D.C. Circuit Case No. 12-1115 and today’s opinion is available here.
Our previous coverage of the recess appointments issue is available here.
<span class="advertise"> Advertisement </span>
- Eleventh Circuit Court of Appeals Says Beneficiary of Approved I-140 Has Standing to Challenge an I-140 Revocation
- Michigan Court of Appeals Dismisses Home Care Workers Lawsuit Against SEIU as MOOT After SEIU Voluntarily Pays Back Union Dues
- EEOC Sues Two Employers for Transgender Discrimination
- Federal Court Stops the EEOC’s Assault on CVS’s Severance Agreement
- ICE Increases its Enrollment in Mutual Agreement between Government and Employers (IMAGE) in Puerto Rico by 12.5% in One Day!
- Ninth Circuit Upholds Tribal Preference in Employment