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11th Circuit Jumps Into the Fray and Upholds the NLRB Recess Appointments

The 11th Circuit is now in the mix on the issue of NLRB recess appointments which were brought to the forefront of the labor world by the Noel Canningdecision. However, unlike the D.C. Circuit, 3rd Circuit and 4th Circuit, the 11th Circuit Court of Appeals has broken ranks and upheld the NLRB’s recess appointments. Relying upon its previous 2004 ruling on recess appointment issues – Evans v. Stephens – the 11th Circuit held that the Constitution’s recess appointments clause permits intrasession recess appointments. The full decision can be found found here.

The oral argument on the constitutionality of President Obama’s recess appointments to the NLRB in Noel Canning will be heard by the U.S. Supreme Court on Jan. 13, 2014. 

© 2022 BARNES & THORNBURG LLPNational Law Review, Volume III, Number 326
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About this Author

Adam Bartrom Employment Attorney
Partner

Adam Bartrom represents management interests in employment and labor law matters. He defends clients in litigation, and designs strategic plans and best practices in his work with business owners, executives and human resource management. Adam is dedicated to ensuring that his clients understand the rapidly changing employment environment, adhere to the law and protect themselves at every turn.

Adam’s experience includes comprehensive legal counsel in a wide variety of labor and employment areas under the NLRA, FMLA, ADA, ADEA and Title VII, including labor relations grievances and...

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