In response to the D.C. Circuit’s decision today in Noel Canning, finding a lack of a quorum at the Board, Chairman Mark Gaston Pearce issued the following statement:
The Board respectfully disagrees with today’s decision and believes that the President’s position in the matter will ultimately be upheld. It should be noted that this order applies to only one specific case, Noel Canning, and that similar questions have been been raised in more than a dozen cases pending in other courts of appeals.
In the meantime, the Board has important work to do. The parties who come to us seek and expect careful consideration and resolution of their cases, and for that reason, we will continue to perform our statutory duties and issue decisions.
The U.S. Chamber of Commerce, who sought to intervene on the employer’s behalf, released a statement as well:
We are pleased with the D.C. Circuit’s ruling that the President’s recess appointments to the NLRB were unconstitutional. We warned last year that by appointing these members to the NLRB in such a controversial fashion, the President placed a cloud of uncertainty over the agency and its work. The D.C. Circuit’s historic decision has confirmed our concerns. The U.S. Chamber has been proud to stand with our member Noel Canning from the beginning, and they will continue to enjoy our full support and backing.