AH&LA, and the Coalition for a Democratic Workplace (CDW), secured a major victory as the United States Court of Appeals for the District of Columbia issued a decision in the case 'Noel Canning v National Labor Relations Board.'
AH&LA, and the Coalition for a Democratic Workplace (CDW), secured a major victory as the United States Court of Appeals for the District of Columbia issued a decision in the case “Noel Canning v National Labor Relations Board.” The Court ruled President Obama violated the Constitution when he bypassed the Senate to fill National Labor Relations Board (NLRB) vacancies.
The decision will force the Administration to re-nominate the appointees, who will have to go through the Senate confirmation process. As a result of this ruling, the NLRB has only one active member and has lacked the quorum necessary to conduct much of its business over the previous year.
On January 4, 2012, the Obama administration made three “recess” appointments to fill vacancies on the NLRB while the Senate was in pro forma session. CDW was party to the lawsuit challenging the constitutionality of the President’s nominations, which secured today’s victory. Click here for additional background on this case.
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