Thursday, September 5, 2013
This wasn't unexpected, but the D.C. Circuit made it official: the court today denied the NLRB's petition for rehearing and en banc review in NAM v. NLRB [I've just got access to the rehearing denial at the moment]. This was the notice posting case that we blogged about quite a bit when it came out.
Given the D.C. Circuit's political makeup, there was only a small hope that it would take the case en banc. I do think there's a good chance the Supreme Court will grant cert. How they might treat a case is up in the air, of course. The 5-member majority is obviously not a fan of labor, so it's a good bet that the rule will remain struck down somehow. However, I think there's a decent chance the Court would not be willing to write such a sweeping decision as the D.C. Circuit's.
Hat Tip: Patrick Kavanagh