For employers, a brief look at the implications of the recent DC circuit court determination that President Obama’s January 2012 recess appointments to the National Labor Relations Board were unconstitutional. Key takeaways:
- Ruling could invalidate hundreds of NLRB actions made since January 4, 2012
- Impact of the decision will likely take months to be felt
- Employers should act now as if last year’s rulings are still in effect
- Obama administration is expected to take the case to the Supreme Court
- NLRB Chairman says it’s still business as usual at the Board
The decision is less than one week old, so right now questions about the future – and the past – of the current Board far outweigh answers. Stay tuned.
[Link: What Next for the NLRB?]
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Read more on the ruling:
- Federal Appeals Court Strikes Down President Obama’s NLRB Appointments – Barger & Wolen
- NLRB Plans to Ignore D.C. Circuit Ruling Invalidating Obama Recess Appointments; Validity of Appointment of Richard Cordray as CFPB Director Also Suspect – Bracewell & Giuliani
- D.C. Circuit NLRB Decision Casts Doubt on Validity of Cordray Appointment – Ballard Spahr
- Appellate Court holds NLRB Recess Appointments unconstitutional; status of hundreds of NLRB rulings in doubt – Saul Ewing LLP
- D.C. Circuit Appeals Court Rules NLRB Recess Appointments Invalid – K&L Gates LLP
- Recess Appointments To Board Invalid – Summary Of Affected Decisions – Akerman Senterfitt
- D.C. Circuit Invalidates NLRB Recess Appointments, Creating Period of Uncertainty for Employers – Littler
- Court’s Ruling That NLRB Appointments Were Invalid Introduces Uncertainty Going Forward – Proskauer Rose LLP
- D.C. Circuit Rules NLRB Recess Appointments Unconstitutional – Morgan Lewis
- For Want of a Quorum: Court Rules Against NLRB – Fisher & Phillips LLP
- D.C. US Court Of Appeals Labors Over Recess Appointments – Polsinelli Shughart PC
- NLRB Appointments are “Constitutionally Invalid” – Dinsmore & Shohl LLP
- D.C. Circuit Holds Recess Appointments to NLRB Invalid – Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- D.C. Court of Appeals Rules NLRB Recess Appointments Were Unconstitutional; Calls into Question Hundreds of Decisions Issued Last Year – Franczek Radelet P.C.
- D.C. Court Holds President’s Recess Appointments “Constitutionally Invalid,” Raising Questions About CFPB’s Exercise of Authority Over Small Banks and Non-Banks – Loeb & Loeb LLP
- BREAKING: Obama’s NLRB Recess Appointments Ruled Unconstitutional
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