Best Employer Practices In Light Of Noel Canning V. NLRB

Law360, New York (February 6, 2013, 2:10 PM EST) -- Notwithstanding the D.C. Circuit’s widely reported decision last month in Noel Canning v. the National Labor Relations Board, this is not a time for nonunion employers to rejoice. The technical, constitutional appointments issue involving the NLRB is far from settled and inevitably will require the U.S. Supreme Court’s review.

With cases pending in several other circuits raising the same issue, the D.C. Circuit decision creates a conflict in the circuits. In 2004, the Eleventh Circuit held in Evans v. Stephens that intrasessional recess appointments are constitutional....
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