D.C. Circuit finds Obama’s 2012 NLRB member recess appointments invalid; current Board pledges to continue business as usual

On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit issued a decision, Noel Canning, A Division of the Noel Corp., 358 N.L.R.B. No. 4, in which it surprisingly ruled that the three “recess” appointments, which bypass the Senate confirmation process, to the National Labor Relations Board made by President Obama in 2012 were invalid.  However, current Board Chairman Mark Pearce, responded to the decision stating the Board respectfully disagrees with the decision and that the President’s position in the matter will be ultimately upheld. 

Chairman Pearce emphasized the fact that the D.C. Circuit’s order applies to only one specific case.  He further stated, “[i]n the meantime, the Board has important work to do.  The parties who come to us seek and expect careful consideration and resolution of their cases, and for that reason, we will continue to perform our statutory duties and issue decisions.”  In other words, business as usual.  As David Rosenfeld, named shareholder at Weinberg Roger & Rosenfeld, said in a statement, “Don’t mourn, organize.”

By Lisl Duncan

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