loader
Page is loading...
generic_insight_detail

Department of Justice Files Writ of Certiorari with U.S. Supreme Court in Noel-Canning Case


The Solicitor General of the United States, Donald B. Verrilli, has filed a Writ of Certiorari on behalf of the National Labor Relations Board (the NLRB), asking the Supreme Court to review the decision by the D.C. Circuit, which we discussed here. In the Writ of Certiorari, Verrilli asks the Court to overturn the D.C. Circuits decision, which found President Obama’s recess appointment to the NLRB unconstitutional, on the grounds that…

1. “[t]he court of appeals’ decision would dramatically curtail the scope of the President’s authority under the Recess Appointments Clause;”

2. the decision “conflicts with the decisions of three other federal courts of appeals and with the central objects of the Recess Appointments Clause;”

3. the decision “would deem invalid hundreds of recess appointments made by Presidents since early in the Nation’s history;” and (4)“[i]t potentially calls into question every order issued by the National Labor Relations Board since January 4, 2012, and similar reasoning could threaten past and future decisions of other federal 12 agencies.”

The response to the Writ is due to the Supreme Court on May 28, 2013.


LEAVE YOUR COMMENT

RELATED ARTICLES

Clarity At Last: Joint Employers Must Exercise Substantial Direct and Immediate Control

February 25, 2020 | Labor Relations, National Labor Relations Board

NLRA’s Jurisdiction Over Charter Schools Remains Undecided

February 24, 2020 | Labor Relations, National Labor Relations Board

Can You Force Employees To Work Weekend Overtime?

February 17, 2020 | Labor Relations, National Labor Relations Board, Labor Agreements, Unions and Union Membership

Just a Reminder: Your Employees May be Recording You

February 13, 2020 | Labor Relations, National Labor Relations Board

NLRB Continues To Validate Employee Confidentiality Provisions

February 7, 2020 | Labor Relations, National Labor Relations Board

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
NLRB
Noel Canning
Supreme Court
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.