Earlier today, the United States Supreme Court unanimously found that President Obama acted unconstitutionally when he made several recess appointments to the National Labor Relations Board (“NLRB”) in 2012. The Court, in an Opinion authored by Justice Breyer, affirmed (albeit for differing reasons) the January 2013 judgment by the U.S. Court of Appeals for the District of Columbia Circuit.
Continue Reading U.S. Supreme Court Issues Long-Awaited Decision in NLRB v. Noel Canning; President Obama’s Recess Appointments to NLRB Deemed Unconstitutional
Noel Canning
NLRB’S Notice Posting Rule Invalidated by DC Court of Appeals
By Jodi Frankel on
Posted in Unions
On May 7, 2013, a three-member panel of the U.S. Court of Appeals for the DC Circuit vacated the NLRB’s Notice Posting Rule, originally issued by the Board in August 2011. The Rule required that virtually all private-sector employers post a Notice to Employees, informing employees of various rights under the National Labor Relations Act (Act), such as the rights to engage in union organizing, form or join a union, and strike. The Notice also described various actions by employers or unions that would be illegal under the Act.
Continue Reading NLRB’S Notice Posting Rule Invalidated by DC Court of Appeals