New Vista Nursing and Rehabilitation LC filed an Answer to a National Labor Relations Board brief last week in the Third Circuit Court of Appeals, arguing that the court should decline the Board’s invitation to revisit a previous ruling denying the NLRB’s bargaining order. 

The current dispute before the court stems from a July 2013 rehearing request from the NLRB after the court struck down an August 2011 bargaining order because the court determined that Member Craig Becker’s recess appointment was unconstitutional.  The court tabled the rehearing petition while awaiting the outcome of the Noel Canning decision.  Based on the Supreme Court’s ruling, the Board is now arguing that Member Becker’s appointment passes Constitutional muster because it was made during a 17 day recess. 

It remains to be seen how the Circuits will interpret the Supreme Court’s recess-appointment guidance.  Accordingly, we will be watching this case and others like it very closely.  Stay tuned.