Court Finds Obama’s Appointments to NLRB Unconstitutional

January, 2013

On January 25, 2013, a United States Circuit Court of Appeals held that President Obama’s three appointments to the National Labor Relations Board were unconstitutional, putting in to question the validity of the numerous decisions the NLRB has made since the appointments were made in January 2012.

The current speculations is that this decision will eventually be overturned, but for the time being employers are left questioning the status of the decisions that the Board made in 2012 and continue to make. However, since the decision by the Court applied only to the case before it (Noel Canning), employers seeking to challenge adverse decisions will need make their own appeal for their specific case as this case does not invalidate all of the decisions from the NLRB per se. Further, the NLRB has stated it will continue to perform its work as it currently exists.

We will continue to keep you up to date as this continues to unfold.


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