We use cookies to deliver our online services. Details of the cookies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you agree to our use of cookies. To close this message click close.

D.C. Circuit declares NLRB recess appointees unconstitutional, potentially invalidating major NLRB decisions from 2012

29 January 2013

Employment Alert

On January 25, 2013, the U.S. Court of Appeals for the District of Columbia Circuit declared that President Barack Obama’s three recess appointments to the five-member National Labor Relations Board (NLRB) were unconstitutional. Noel Canning v. Nat’l Labor Relations Board, No. 12-1115. In its decision, prompted by a canning company’s lawsuit challenging an NLRB ruling, the court of appeals held that President Obama’s appointments of Sharon Block, Terence Flynn, and Richard Griffin were “invalid from their inception,” because they were not made during the “the Recess” of the Senate and did not “happen” during such a recess, as the Constitution requires. Because the NLRB lacked a proper quorum, the opinion’s author Chief Judge David Sentelle explained, the NLRB lacked the authority to issue any order.

Read: "D.C. Circuit declares NLRB recess appointees unconstitutional, potentially invalidating major NLRB decisions from 2012"

The team

Loading data