NLRB appointments nullified.
AFTER NEARLY 200 years of Presidential recess appointments, the Supreme Court has issued limitations to that power with its decision on June 26 in Noel Canning v. NLRB. The issue raised by the Noel Canning unit of Noel Corp., a Washington-based Pepsi bottler, contended that a ruling by the National Labor Relations Board (NLRB) was invalid on the grounds that three of the five NLRB members who decided the case had been invalidly appointed during times that were not recesses. The Supreme Court sided with the plaintiffs, agreeing that the time period between pro forma sessions held in 2012 were too short to be considered a recess. While the decision has major implications for Presidential appointment tactics. more critical is the immediate fallout this is likely to have on the decision made by the NLRB.
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|Title Annotation:||LABOR AND EMPLOYMENT|
|Date:||Aug 1, 2014|
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