Daycon Files Writ of Cert. Concerning Recess AppointmentsBen James of Law360 ($$) writes Daycon products filed a writ of certiorari with the Supreme Court last week, asking the Justices to resolve the validity of National Labor Relations Board ex-member Craig Becker’s recess appointment. The issues raised in the brief in support essentially mirror those raised in Noel Canning’s brief, which was filed with the Court earlier this year.

“A decision that does not resolve the lawfulness of Becker’s appointment will only prolong the uncertainty regarding the decisions in which he participated and leave intact a conflict among the circuit’s regarding the president’s recess-appointment power,” the June 13 petition said.

In its January ruling, the D.C. Circuit in Noel Canning found that President Obama’s intra-session recess appointments to the National Labor Relations Board were constitutionally invalid. While the D.C. Circuit’s decision did not directly address former member Becker’s appointment, its logic would find Becker’s appointment to have been invalid as well. We are eagerly awaiting the Supreme Court’s decision as to whether to take up the Noel Canning matter and will certainly keep you posted with any updates.

BART Strike on the Horizon: CBS San Francisco reports that Bay Area Rapid Transit (BART) workers have begun dropping leaflets throughout the San Francisco area yesterday as negotiations with management officials over a new collective-bargaining agreement have become increasingly hostile. The Service Employees International Union (SEIU) and the Amalgamated Transit Union (ATU) represent the more than 2,500 unionized workers that could walk off the job when their current contracts expire on July 1. We will certainly keep you updated as these talks move toward a resolution.

Soap Stars, Management Settle Labor DisputeTodd Spangler at Variety writes Prospect Park and the International Alliance of Theatrical Stage Employees have settled their labor dispute, paving the way for the resumption of filming both "One Life to Live" and "All My Children." While terms of the new deal delegating labor costs were not announced, the parties both acknowledged in a joint statement that they were pleased with the outcome.

“We are pleased that that the parties were able to successfully address their concerns in a mutually beneficial way, which will enable these innovative shows to continue to be produced with our talented crews,” IATSE Local 600 rep David Blake said in a statement.

Prospect Park had previously run into several other labor disputes earlier this year, but has settled with both the Screen Actors Guild and the Writers Guild of America.