NLRB to Petition for Supreme Court Review of Recess Appointments
The National Labor Relations Board today announced that it has determined not to seek en banc rehearing in Noel Canning v. NLRB, in which the U.S. Court of Appeals for the D.C. Circuit held that the January 4, 2012 recess appointments of three members to the Board were invalid. For a detailed analysis of the Court’s decision, see our HR Insights Blog posting of January 26 – “Time for Recess? The Constitution Says No”. Instead, 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.
Stay tuned. If the Supreme Court decides to take the case (and we suspect that it will) the decision will have far reaching effects not only for the NLRB but also on the fundamental separation of powers guaranteed by the U.S. Constitution. We will keep you updated.
If you have any questions, please contact Steve Lyman at slyman@hallrender.com or your regular Hall Render attorney.
