Advertisement

April 18, 2014

Update: National Labor Relations Board (NLRB) to Appeal Recess Appointment Case to the U.S. Supreme Court

Earlier this year, a unanimous three-judge panel of the United States Court of Appeals for the District of Columbia held that President Barack Obama’s recess appointments of three National Labor Relations Board (NLRB) members exceeded the President’s constitutional authority.  The ruling called into question hundreds of decisions rendered by the NLRB since the recess appointments were made, including decisions affecting non-union workplaces.

The NLRB has announced that it was bypassing its opportunity to have the case reconsidered by the full D.C. Circuit Court and instead is planning to file an appeal to have the case heard by the U.S. Supreme Court.  The NLRB’s petition must be filed with the Supreme Court by April 25, 2013, meaning that it will be unlikely for the Supreme Court to hear the case (assuming it grants the NLRB’s petition) before the Court’s next term begins in October.

Until the Supreme Court renders a final decision, we recommend that employers continue operating as though all recent NLRB decisions are still valid, including recent rulings on social media use by employees in the workplace and employee handbook statements on “at will” employment.  We will continue to provide timely updates regarding this important case as it develops.

© Lowndes, Drosdick, Doster, Kantor & Reed, PA, 2014. All rights reserved.

About the Author

Rachel Gebaide, labor, employment, attorney, Lowndes, law firm
Partner

Rachel D. Gebaide is a Partner in the firm and Chair of the Labor and Employment Law practice. Ms. Gebaide represents employers in federal and state courts and before administrative agencies in all matters pertaining to employment law including, without limitation, claims arising under Title VII, Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), Uniformed Services Employment and Reemployment Rights Act (USERRA), Worker Adjustment and Retraining Notification Act (WARN), and the Fair Labor Standards Act (FLSA).

Ms...

407-418-6286

About the Author

Timothy Haughee, corporate, securities, attorney, Lowndes, law firm
Associate

Tim Haughee is an associate with the firm. His legal practice focuses primarily on public and private securities transactions, private investments, and corporate governance matters. Tim also has significant litigation experience, with an emphasis on commercial litigation, family law litigation, and creditor's rights. Finally, Tim has also handled real estate transactions, commercial transactions, and game promotions law (sweepstakes and contests) matters.

407-418-6268

Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.