November 27, 2014

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November 26, 2014

November 25, 2014

Noel Canning Argument Set for Jan. 13, 2014

The oral argument on the constitutionality of President Obama’s recess appointments to the NLRB will be heard by the U.S. Supreme Court on Jan. 13, 2014. The Court this week scheduled the argument date for the case for January.

The Court will consider the January 25 decision of the Court of Appeals for the D.C. Circuit that declared the President’s recess appointments to the Board of Richard Griffin, Sharon Block and Terence Flynn to be unconstitutional. The D.C. Circuit’s opinion threw into doubt hundreds of cases decided by the Board following those appointments and though directly not at issue in the case, the Court’s decision could also impact Board decisions made while Craig Becker sat as a recess appointment.

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About this Author

Gerald Lutkus, Labor and Employment Attorney, Barnes Thornburg, Law Firm
Partner

Gerald F. (“Jerry”) Lutkus is a partner in the South Bend office of Barnes & Thornburg LLP where he is a member of the firm’s Labor and Employment Law and Litigation Departments. He practices in the areas of labor and employment law counseling and litigation, arbitration, collective bargaining, media law, including counseling of and defense litigation for media companies and commercial and business litigation.

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