Tuesday, March 12, 2013
NLRB to Seek U.S. Supreme Court Review of Case Holding Recess Appointments Invalid
The National Labor Relations Board (NLRB) announced today that it will not seek an en banc rehearing in Noel Canning v. NLRB, in which the U.S. Court of Appeals for the DC Circuit held that the January 4, 2012 recess appointments of three members to the Board were invalid. The Board does intend, however, in consultation with the Department of Justice, to file a petition for certiorari with the United States Supreme Court for review of that decision. The petition for certiorari is due on April 25, 2013.