Employment Law Report

NLRB Responds to Adverse Ruling on Recess Appointments

By Edwin S. Hopson

In the wake of the D.C. Circuit Court of Appeals January 25, 2013 ruling in Noel Canning v. National Labor Relations Board, the NLRB’s Chairman issued the following statement on the same date which is posted on the Board’s website:

“The Board respectfully disagrees with today’s decision and believes that the President’s position in the matter will ultimately be upheld. It should be noted that this order applies to only one specific case, Noel Canning, and that similar questions have been raised in more than a dozen cases pending in other courts of appeals.

In 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.”