NLRB Appeals Noel Canning Decision to Supreme Court
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Wednesday, March 20, 2013 |
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The National Labor Relations Board (NLRB) has determined not to seek en banc rehearing in Noel Canning v. NLRB, in which the U.S. Court of Appeals for the DC Circuit held that the January 4, 2012 recess appointments of three members to the Board were invalid. The Court based its decision on the fact that the NLRB lacked a sufficient quorum of members when it decided Noel Canning. The President had appointed three of the five NLRB members without Senate confirmation as recess appointments. The Chief Judge of the U.S. Court of Appeals for the D.C. Circuit wrote that the appointments were not made during "a Recess," as required by the recess appointments clause of the Constitution.
The Board, in consultation with the Department of Justice, intends to file a petition for certiorari with the United States Supreme Court for review of that decision. The petition for certiorari is due on April 25, 2013. The NLRB is bypassing a review by the entire D.C. Circuit Court, and instead, seeking review by the Supreme Court.
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