Employment LawScene Alert: U.S. Supreme Court Unanimously Rejects President’s NLRB Appointments

Earlier this year, we alerted employers when the U.S. Supreme Court heard oral arguments in National Labor Relations Board v. Noel Canning, a case involving the President’s appointment of three members to the National Labor Relations Board (“NLRB”) without U.S. Senate approval while the U.S. Senate was on break.

Today, Thursday, June 26, 2014, the U.S. Supreme Court unanimously held that the President exceeded his authority in appointing those three members to the NLRB while the U.S. Senate was on an extended holiday break. Although the Supreme Court ultimately found that the President does indeed have the power under the U.S. Constitution to make “recess appointments” during breaks between formal sessions of the Senate and also during breaks in the midst of a formal session, the Senate breaks during which the President made his appointments to the NLRB were not considered to be in a formal “recess” within the meaning of the Constitution.

The Supreme Court’s decision in Noel Canning opens the door for both employers and unions to call into question hundreds of decisions issued by the NLRB in recent years. This could force the NLRB to revisit certain of its decisions and may force the Board to issue new decisions in those matters. We will continue to keep you informed of the latest developments and effects of the Supreme Court’s decision in Noel Canning.

Published by
ONeil Cannon

Recent Posts

The WiLaw Quarterly Newsletter

Newsletter Article Highlights: A Beginner’s Guide to Trademarks: Part Two—USPTO Trademark Application Requirements What is…

3 days ago

Steve Slawinski and John Gehringer Recognized in Wisconsin Law Journal’s Power List

Recently, attorneys Steve Slawinski and John Gehringer were named in the Wisconsin Law Journal’s Power…

5 days ago

National Estate Planning Awareness Week

October 21-27, 2024, is National Estate Planning Awareness Week—a timely reminder to think about your…

2 weeks ago

Attorney Maura Falk Has Joined O’Neil Cannon

Attorney Maura Falk, a graduate of the University of Wisconsin Law School, has joined O’Neil Cannon’s…

2 weeks ago

What is the Difference Between a Private Foundation and a Donor-Advised Fund?

When high-net-worth individuals and families incorporate charitable giving into their estate planning, they often consider…

3 weeks ago

Greg Lyons Honored for Saving Life

Attorney Greg Lyons was recently honored, along with others,  for his heroic actions in saving…

4 weeks ago