Validity of NLRB Appointments May Be Decided by the Supreme Court
The question of the validity of the Obama administration’s recess appointments to the National Labor Relations Board may be decided by the U.S. Supreme Court. The administration has filed a
petition for a writ of certiorari requesting the Supreme Court to review the D.C. Circuit
Court’s decision in Noel Canning. In Noel Canning the D.C. Circuit Court of Appeals ruled
that three prior appointments to the National Labor Relations Board were invalid. The decision placed into question the effect of subsequent decisions by the NLRB since those appointments. The administration has petitioned for a review of the case by the Supreme Court largely on the grounds that the
decision changes a long standing practice of recess appointments and would potentially invalidate many of the appointments and actions of the federal government well beyond the current administration. The Supreme Court has not yet granted the petition and agreed to hear the case.