Noel Canning ruling a setback for Obama and NLRB
- Sharon Block, who filled a seat that became vacant on January 3, 2012, when Board member Craig Becker’s recess appointment expired. Block was a former Deputy Assistant Secretary for Congressional Affairs at the U.S. Department of Labor, Senior Labor and Employment Counsel for the Senate HELP Committee, where she worked for Senator Edward M. Kennedy and received the John F. Kennedy Labor Law Award.
- Terence F. Flynn, who filled a seat that became vacant on August 27, 2010, when Peter Schaumber’s term expired. Flynn, who has since left the Board, was previously Chief Counsel to former Board Members Brian Hayes and Schaumber, as well as an attorney in private practice, specializing in employment and labor law.
- Richard F. Griffin, who filled a seat that became vacant on August 27, 2011, when Wilma B. Liebman’s term expired. Previously, Griffin was General Counsel for International Union of Operating Engineers and served on the board of directors for the AFL-CIO Lawyers Coordinating Committee.
It is undisputed that the Board must have a quorum of three in order to take action. It is further undisputed that a quorum of three did not exist on the date of the order under review unless the three disputed members (or at least one of them) were validly appointed. It is further agreed that the members of the Board are “Officers of the United States” within the meaning of the Appointments Clause of the Constitution, which provides that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law.” (p. 15)
- The Poster Rule, which would require workplaces to post notices about employees’ right to organize a union, remains on hold while the case is being appealed following split rulings where a South Carolina federal court struck the rule down and a Washington D.C. court upheld the Rule.
- Several rulings in which the Board ruled the language of employee handbooks in non-union workplaces placed restrictions upon employee communication, which could inhibit the ability of employees to organize a union if they chose to do so (Hyundai America Shipping Agency Inc. and Karl Knauz Motors).
- A ruling (WKYC-TV, Gannet Co., Inc.) which overturned a five-decade precedent by directing employers to continue to withhold union dues after the expiration of a collective bargaining agreement.
Allen Gray, a lobbyist with Carolinas AGC, a construction industry association based in North and South Carolina, and head of the industry association’s human resources committee, said the court “followed the letter of the law” and predicted the ruling would “force the President to choose between picking nominees with more moderate positions who could win a confirmation vote or not appointing anyone at all.” Likewise, Senator Tim Scott expected that future NLRB nominees sent to the Senate for confirmation should be willing to take less pro-union stances. The South Carolina Republican warned “the agency’s pattern of punishing states like South Carolina for their successful right-to-work policies has to end. Any future nominees must demonstrate a commitment to treat the families and businesses of pro-worker states just the same as anyone else.”
2013-01-25 20:01:10
Source: http://earlcapps.blogspot.com/2013/01/noel-canning-ruling-setback-for-obama.html
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