Yesterday, the U.S. Supreme Court unanimously held in NLRB v. Noel Canning that President Obama’s January 2012 recess appointments to the National Labor Relations Board (NLRB) during a pro-forma session of the U.S. Senate were unconstitutional. The case will have a direct impact on companies involved in disputes with employees because it essentially invalidates more than 1,200 NLRB decisions that have been issued since August 2011 when the NLRB lacked a quorum to do business, and require them to be reconsidered. This includes several decisions opposed by the NC Chamber. We will keep you updated as the practical implications of this ruling become clearer.
Tom Donahue, president and CEO of the US Chamber of Commerce praised the Court’s ruling, ““Today’s decision is a victory for the rule of law. The President’s unprecedented recess appointments left the NLRB in a legal limbo, causing major uncertainty for both employers and employees alike. The Chamber was pleased to support its member, Noel Canning, in this case and believes the Court made the right decision.”
Read more here.
Gary J. Salamido
Vice President, Government Affairs
North Carolina Chamber