Friday, February 1, 2013
Jeff discussed in an earlier post the effect of Noel Canning, in which the D.C. Circuit held that recess appointments to the NLRB are unconstitutional. Now Laura Cooper (Minnesota) sends word that the U.S. Chamber of Commerce is urging its members to use Noel Canning to challenge recent -- and even longstanding -- pro-employee Board decisions.
Here's an excerpt from what appears to be a Wall Street Journal article reprinted by the Chamber [but check out the date on the document!]:
The U.S. Chamber of Commerce is advising companies to try to reverse rulings the National Labor Relations Board made against them in the past year, following a court decision that has undermined the federal panel.
The chamber's push, outlined in a memo the business trade group began distributing to its members Wednesday, is the latest fallout from last week's federal court ruling that voided President Barack Obama's three recess appointments to the five-slot labor board.