@LRToday Morning Round-Up: December 6, 2012
DC Circuit Hears Argument on Recess Appointments: A number of outlets are covering yesterday's oral argument before the U.S. Court of Appeals for the District of Columbia Circuit regarding the validity of the President's recess appointments to the National Labor Relations Board in Noel Canning Div. of Noel Corp. v. NLRB . By all accounts the panel asked pointed questions of both sides as the court tries to determine whether the Senate was really in recess when the President appointed three Members to the NLRB in January 2012. From The Wall Street Journal ($):
Noel Francisco, a lawyer for the U.S. Chamber of Commerce, argued on Wednesday to the three-judge panel that it’s up to the Senate, not the president, to decide whether lawmakers are really in session.
“The court must defer to the Senate calling its work a session in the absence of evidence it’s not,” said Miguel Estrada, attorney for Senate Republicans.
But Deputy Assistant Attorney General Beth Brinkmann argued that the sessions – some lasting less than a minute – were a sham. Any other interpretation, she said, would frustrate the Constitution’s intent to make sure the president can fill vacant offices at all times.
See also:
- D.C. Circuit Ponders NLRB Appointments And Competing Views of President's Power, Bloomberg BNA ($)
- Bottler Asks DC Cir. To Crush Obama's Recess NLRB Picks, Law360.com ($)
- Appeals Court Hears Challenge To Obama Administration Power Grab Over NLRB, OpenMarket.org
- Court hears challenge to NLRB recess appointments, Associated Press (via TheDailyRecord.com)
Right-to-Work on Michigan Governor's Agenda: Paul Egan of the Detroit Free Press writes that Michigan Governor Rick Snyder announced that right-to-work is now "on the agenda" at the state Capitol.
Snyder's remarks signal a marked departure from his previous stance. For months, the governor said such a law was not on his agenda.
Snyder made the comments after a lengthy meeting in his Capitol office with the Legislature's GOP leaders, House Speaker Jase Bolger and Senate Majority Leader Randy Richardville.
Snyder said talks will continue and no decisions have been made.
He did say that there is a view that unions must put something on the table if right-to-work is not to proceed, after having gone ahead with a collective bargaining ballot proposal against his urging in last month’s election.
Optimism in NHL Negotiations: Katie Carrera of The Washington Post reports that there is "genuine optimism" that the NHL and the Players' Association are moving towards a collective bargaining agreement.
The sudden surge of momentum in talks occurred during a nearly eight-hour meeting between six owners and 18 players in New York on Tuesday without Bettman or Fehr present. According to multiple reports, Pittsburgh co-owner Ron Burkle and star center Sidney Crosby, who both took part in the session, worked to build trust and bridge the gap between the sides.
At the conclusion of Tuesday’s discussions, NHL Deputy Commissioner Bill Daly and NHLPA special counsel Steve Fehr stood side by side as they delivered short statements that featured a more congenial tone by both sides.
“I thought it was a constructive day; we had a good dialogue. In some ways, I’d say it might be the best day we’ve had,” said Steve Fehr, who tempered expectations and stressed that there was still work to do.
