Supreme Court invalidates President’s NLRB recess appointments

In a 9-0 decision, the United States Supreme Court today struck down as unconstitutional President Barack Obama’s January, 2012 recess appointments to the National Labor Relations Board (NLRB). The decision calls into question the validity of hundreds of decisions made by the NLRB from January, 2012 to August, 2013. The case, National Labor Relations Board v. Noel Canning, involved the NLRB’s determination that Noel Canning had committed unfair labor practices under the National Labor Relations Act. Noel Canning challenged the NLRB’s authority to make such a determination on the basis that the board itself was improperly constituted at the time of its decision. Specifically, Noel Canning argued that President Obama’s three appointments to the board in January, 2012 were unconstitutional because he made them without the advice and consent of the Senate. The Supreme Court sided with Noel Canning. The fallout from the high court’s decision is uncertain, but it could mean that hundreds of decisions made by the NLRB while the board was unconstitutionally composed will be invalidated. For more information about this article, please contact me at alexandriamnlaw.com or [email protected].