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Employment Blog

Is the NLRB Alive? Supreme Court Will Decide

Authored by Dean R. Dietrich
Posted on June 27, 2013
Filed under Employment

On Monday, the United State Supreme Court granted certiorari (meaning they have agreed to hear a case) on whether the appointments by President Obama in January 2012 to the National Labor Relations Board (NLRB) are valid appointments or improper application of the "between" session presidential appointment process. President Obama appointed two members to the NLRB because court rulings held that the NLRB and its decisions were not valid without a majority of the Board (meaning three of the five members) being properly appointed to serve. The appointments were done on an emergency basis allegedly between two sessions of Congress but lower courts have ruled that the appointments were not valid because Congress was not properly between sessions when the appointments were made.

The United States Supreme Court in Noel Canning v. NLRB, has agreed to accept the case on appeal to determine whether or not the appointments by President Obama were valid. Everyone agreed that the United States Supreme Court should hear this case to get a final decision on the presidential appointments and the authority of the NLRB.

While we will not get a decision until next spring, we will at least have a final decision at some point in time whether the myriad of NLRB decisions issued over the past twelve-eighteen months are valid decisions and enforceable against the company. Stay tuned for more developments.