Employers and labor groups are grappling with the practical implications of the D.C. Circuit’s monumental ruling in Noel Canning v. NLRB, No. 12-1115, (D.C. Cir. Jan. 25, 2013), that President Barack Obama’s Jan. 4, 2012, recess appointments of National Labor Relations Board members Terence Flynn, Richard Griffin and Sharon Block were unconstitutional because they did not occur during a recess between Senate sessions. Although Canning may call into question the validity of hundreds of decisions rendered by the board since the recess appointments were made, on March 12, 2013, the board announced that it intends to seek U.S. Supreme Court reversal of the U.S. Court of Appeals for the D.C. Circuit ruling by the April 25, 2013, deadline. Assuming the justices grant the board’s petition, a final ruling in the case might not occur until 2014.
In the wake of Canning, the board has issued, and stated its intention to continue to issue, new decisions, and employers should expect the board to attempt to enforce its remedies unless and until the Supreme Court says otherwise. This month’s column is the second of two articles discussing significant cases recently decided by the board, both before and after Canning. Here, we address decisions concerning union dues and employer work rules that have important implications in both union and non-union workplaces.
