National Labor Relations Board and Department of Justice Jointly File Petition for Cert, Defending President's Recess Appointments
Consistent with intentions stated last month, earlier today, the National Labor Relations Board, in conjunction with the Department of Justice, filed a petition of certiorari with the United States Supreme Court in Noel Canning v. NLRB. In Noel Canning, the D.C. Circuit determined that President Obama’s recess appointments of Sharon Block, Terrence Flynn, and Richard Griffin to the Board were not valid, and thus the Board lacked a quorum to act.
Here is a copy of the petition, which we are reviewing for analysis in further updates. Assuming cert is granted, it may still be nearly a year before the high court settles the issue. In the meantime, President Obama has re-nominated the individual Board members whose recess appointments were nullified by the District Court decision -- along with two additional members. There will be a hearing before the Senate HELP Committee on these nominations on May 16, 2013.