NLRB Petitions Supreme Court to Review Noel Canning Ruling on Board Appointments

The National Labor Relations Board April 25 filed a petition asking the U.S. Supreme Court to review a January ruling of a federal appeals court that held unconstitutional President Obama’s January 2012 recess appointments to the board (NLRB v. Noel Canning Div. of Noel Corp., D.C. Cir., 12-1115, 1/25/13).

The petition asserted that the decision of the U.S. Court of Appeals for the District of Columbia Circuit (705 F.3d 490, 194 LRRM 3089 (D.C. Cir. 2013); 17 DLR AA-1, 1/25/13) “would dramatically curtail the scope of the President’s authority under the Recess Appointments Clause” ...