Employment Law Report
NLRB Decides to Appeal the Recess Appointment Case to the Supreme Court
On March 12, 2013, the National Labor Relations Board announced that it had decided not to seek en banc rehearing in Noel Canning v. NLRB, a case in which the U.S. Court of Appeals for the D.C. Circuit held that President Obama’s January 4, 2012 recess appointments of three members to the Board were invalid. Instead, the NLRB announced that it intends to file a petition for certiorari with the U. S. Supreme Court for review of the Noel Canning decision. The deadline for the petition is April 25, 2013.