Third Circuit Tables Becker Appeal Until SCOTUS Ruling: Ben James of Law360 ($$) reports that yesterday, the Third Circuit Court of Appeals decided to place a hold on the National Labor Relations Board’s (NLRB) appeal of the court’s decision holding that former member Craig Becker’s recess appoint was constitutionally improper as it waits for the Supreme Court to rule on the now-infamous Noel Canning decision. As our readers may remember, Noel Canning held that President Obama’s intra-session recess appointments to the National Labor Relations Board were improper because they circumvented the requirement that the Senate give its "advice and consent" concerning the nominees.
“Upon consideration of the petition for rehearing and rehearing en banc, it is hereby ordered that further consideration of this matter is stayed pending a decision of the Supreme Court in Noel Canning v. NLRB,” said the Third Circuit’s one-line order.
Neither party made representatives available for comment after the decision was rendered. At this point, it appears that labor-watchers will have to wait until SCOTUS takes up the Noel Canning appeal in its next term, which is set to begin in October. We will certainly keep you posted.
Sen. Reid Threatens ‘Nuclear Option’ if Nominees Don’t Get a Vote: Alexander Bolton of The Hill writes that yesterday, Senate Majority Leader Harry Reid (D-NV) stated unequivocally that he will invoke the so-called "nuclear option" to ram through President Obama’s nominees to the National Labor Relations Board (NLRB) if Senate Republicans continue to filibuster in order to stall their appointments.
"Let them stop the filibuster on the seven that I filed cloture on and we would have up-or-down votes on those people and we go on to the business of the day," he said in remarks delivered at the Center For American Progress Action Fund. "That seems pretty simple to me."
Republicans, in turn, provided that any use of the nuclear option would "poison the well" and would make already difficult Senate relations even more toxic. The showdown is set to occur this afternoon if a deal regarding the nominees isn’t reached. We will be watching the Senate’s activities closely and will keep you up to date on what you need to know.
Rural/Metro Workers Walk Off The Job: Anthony Congi and George Richert of WIVB.com report that paramedics and emergency medical technicians (EMT) working for Rural/Metro in Buffalo, NY have gone on strike as of last night. The strike involves approximately 400 workers, but company officials are not concerned as they have been bringing in replacement workers to cover the absences. We will keep you posted as this story develops further.