NLRB Asks Supreme Court to Review Noel Canning Decision

Apr 25, 2013

U.S. Supreme Court. Photographer: Andrew Harrer/Bloomberg.

Today, the NLRB asked the Supreme Court to review an appeals court decision holding that the President’s “recess” appointments to the NLRB were unconstitutional.  The case, Noel Canning v. NLRB, was briefed, argued, and won by the U.S.  Chamber on behalf of its member, the Noel Canning Corporation.

If these recess appointments were unconstitutional as the appeals court held, then the NLRB has lacked a quorum to conduct business since August 2011. This casts a cloud of uncertainty over all the NLRB’s actions since then, including rulemakings, enforcement proceedings, and over one thousand decisions. The uncertainty was exacerbated when the NLRB stated it would continue to conduct “business as usual” despite the court’s decision.

That’s why the U.S. Chamber urged the government to seek Supreme Court review.  As Chamber President and CEO Tom Donohue previously noted:

I am pleased that the government announced it will seek U.S. Supreme Court review of the recess appointments case we briefed and argued on behalf of our member, the Noel Canning Corporation, in the D.C. Circuit. The government’s decision to seek Supreme Court review is an important step toward resolving the tremendous uncertainty created by the controversial recess appointments.

Today’s filing asking for Supreme Court review is the first step toward giving American businesses the clarity they need.

NCLC has established a resource page to help all employers monitor developments in recess appointment litigation until the U.S. Supreme Court resolves the issue once and for all.

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