October 25, 2014

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NLRB Bypasses DC Circuit Rehearing and Intends to Proceed to Supreme Court

The National Labor Relations Board has announced that it will forgo an en banc rehearing of the D.C. Circuit Court of Appeals' decision in Noel Canning v. NLRB which held that President Obama's recess appointments of Terence Flynn, Richard Griffin and Sharon Block were unconstitutional.  Instead, the NLRB will file a petition for certiorari with the U.S. Supreme Court which is due on April 25, 2013.  Obviously there will be more to come on this story.

For our previous coverage of this story, see the follow BT Labor Relations articles:

BT Labor Relations – “D.C. Circuit Holds NLB Recess Appointments Invalid.”
BT Labor Relations – “Senator Introduces Bill to Overturn NLRB Decisions.”
BT Labor Relations – “If At First You Don’t Succeed: Obama Renominates NLRB Appointments.” 

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About this Author

Adam Bartrom, Labor, Employment Attorney, Barnes Thornburg, Law firm
Associate

Adam Bartrom of the firm’s Labor and Employment Law Department collaborates with businesses to handle disputes and to create preventive strategies of all sizes. Adam dedicates his practice to representing management interests on the employment and traditional labor fronts. On the employment side, Adam routinely represents employers in state and federal courts and administrative agencies, such as the DOL, EEOC and other federal, state, and local administrative agencies. Adam has also effectively represented employers against claims of misappropriation of trade secrets, unfair...

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