Supreme Court to hear dispute over Obama nominees to NLRB

Tuesday, June 25, 2013  

The U.S. Supreme Court on Monday agreed to hear National Labor Relations Board v. Noel Canning, a dispute involving President Barack Obama and his nominees to the National Labor Relations Board.

The National Labor Relations Act requires at least three board members to make decisions, the Supreme Court determined in June 2010. Relying on that holding, the D.C. Circuit Court of Appeals in January ruled that the board didn't have enough validly seated members throughout 2012.

During that year, the board had five members but three were installed by Obama by recess appointment. The DC Circuit ruled that Obama made the appointments when the Senate was actually in session.

As a result, dozens of businesses have sought to overturn the NLRB's decisions. They say the board didn't have enough valid members when it ruled on their matters.

The Supreme Court will hear the case during its October 2013 term.

Get the Story:
Supreme Court steps into Obama-GOP fight over president’s use of recess appointments (AP 6/24)
Supreme Court to hear case on Obama’s NLRB appointments (The Washington Post 6/25)
Justices to Hear Case on Obama’s Recess Appointments (The New York Times 6/25)

DC Circuit Decision:
Noel Canning v. NLRB (January 25, 2013)

NLRB to ask Supreme Court to hear recess appointment dispute (03/13)
Jack Duran: Handling labor union relations in Indian Country (01/31)
Court invalidates NLRB rulings due to recess appointments (01/28)
Supreme Court bars two-member NLRB from making rulings (6/17)
Federal labor board expands jurisdiction over tribes (6/4)