Noel Canning Brief Urges SCOTUS to Uphold D.C. Circuit RulingBen James of Law360($$) writes that Noel Canning, the soda-bottler at the center of the NLRB recess-appointment controversy, has filed a brief with the United States Supreme Court urging the Court to affirm the D.C. Circuit’s January ruling invalidating the President’s recess appointments to the National Labor Relations Board. Interestingly, Noel Canning chose not to oppose the writ of certiorari because of the importance of the questions involved in the matter.

Noel Canning, in its brief, argues that the D.C. Circuit’s interpretation of the recess-appointment clause is the correct interpretation, noting that no President had ever made an intra-session appointment until about 40 years ago.

“That is likely because this modern practice contravenes the plain text of the clause and conflicts with the long history that predates this practice’s conception,” Noel Canning contended. “The D.C. Circuit was thus entirely correct to hold that the president’s recess appointment power is limited to ‘the recess’ that occurs between each Senate session.”

A Board spokesman declined comment for the story. We have been following the recess-appointment controversy from the beginning and will be covering the story every step up the way. Stay tuned.

Hollywood Casino Toledo Workers Vote to Join UAWTyrell Linkhorn of the Toledo Blade reports that employees at the Hollywood Casino Toledo in Toledo, Ohio have voted to be represented by the United Auto Workers for the purpose of collective bargaining. The more than 800 newly-represented employees will now look to the UAW to begin negotiations with management over a new collective-bargaining agreement between the parties. While a vote tally was not immediately available, a source with knowledge of the certification said that support was overwhelmingly in favor of unionization.

Springboro Teachers Ready to Strike: Lawrence Budd of writes that the Springboro Education Association, representing teachers in Springboro, Ohio, have vowed to authorize a strike if contract negotiations between the SEA and the Springboro school board do not bear fruit soon. In its down display of muscle-flexing, the school board promised to begin searching for replacement teachers immediately in order to cover the absences of striking teachers.

The parties have been fighting for months about proposed cuts by the school board, including to teacher pensions, salaries, and insurance coverage. We will keep you posted as this story develops further.