Supreme Arrogance: NLRB Challenges Court Ruling

by Julia Tavlas

Stop! In the name of the Constitution.  On April 25 the National Labor Relations Board (NLRB) petitioned the Supreme Court to review a previous ruling on the Noel Canning vs. NLRB case. This past January, a 3-judge panel of the D.C. Court of Appeals ruled that NLRB board members—Sharon Block, Richard E. Griffin, and Terence E. Flynn—were unconstitutionally appointed by President Barack Obama back in January 2012.  When the recess appointments were ruled unconstitutional, there was much buzz about what that would mean for all of the NLRB’s decisions. So far, not much.

However, now that the NLRB has petitioned the highest court for review, there is some hope that the unconstitutionality of the recess appointments will receive the imprimatur of the Supreme Court and perhaps lead to actual consequences.  Both sides are eager for the Supreme Court to review the case, including the U.S. Chamber of Commerce which argued in favor of Noel Canning at the D.C. Court of Appeals. The Chamber President Tom Donohue stated:…To Read More……