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Posts in Traditional Labor Developments.
By T. Christopher Bailey on March 15, 2013 at 6:00 PM

chess piecesOn January 25, 2013, the US Circuit Court of Appeals for the D.C. Circuit (Noel Canning v. NLRB) invalidated President Obama’s appointment of Sharon Block, Terence Flynn and Richard Griffin to the National Labor Relations Board based on the court’s conclusion that the three “recess” appointments failed to meet the requirements of the US Constitution. This decision calls into question over a year’s worth of Board decisions as well as the Board’s authority to act at present and for the indefinite future; however, NLRB Chairman Pearce indicated that the agency would take a “business as usual” approach until all appeals were exhausted. On March 12, the Administration announced that it would seek US Supreme Court review of the Noel Canning decision.

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