Clarity Coming Soon on NLRB Recess Appointments

95527899 -- supreme courtIn case you haven’t heard, the sticky wicket involving those recess appointments to the National Labor Relations Board that President Obama made back in January 2012 will be going to the U.S. Supreme Court for final resolution.

No surprise really. Just official.

Here’s the NLRB’s very brief statement on the matter. It says its review petition (a.k.a.,  certiorari) must be to be on the top court’s desk by April 25.

I was alerted to this through this commentary from Tom Donohue, president and CEO of the Washington-based United States Chamber of Commerce, which appeared in the Weekly Standard and the Washington Examiner, stating that clarity could be on the way for those regulated by the NLRB.

As Donohue writes:

Finally heeding calls by the business community to address the issue soon, the NLRB announced last week that it will seek U.S. Supreme Court review of the decision. This is an important step toward resolving the tremendous confusion created by the controversial recess appointments. In the meantime, the NLRB and other affected agencies should hold off taking major actions that they know may be invalidated in the future.”

For review’s sake, here’s my most recent blog post on the appointments and how the recent appeals-court decision in Noel Canning v. the National Labor Relations Board invalidating them came into play in a subsequent court case.

Could get dicey. Donohue’s commentary sounds like he’s up for a fight:

Our preference is always to work within the legislative and regulatory processes to protect the interests of job creators and employers. But when the administration oversteps its bounds, when it tramples the rights of businesses and individuals, when it seeks to bypass other branches of government, we’ll take the fight to the courts. And we’ve got a pretty good record of winning.”

 

 

 

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