Supreme Court Strikes Down NLRB Recess Appointments: 9-0
Posted 06.26.14
Jonathan A. Segal

@Jonathan_HR_Law: Supreme Court strikes down Obama recess appointments http://www.politico.com/story/2014/06/supreme-court-recess-appointments-108347.html#.U6wuUHG587k.twitter via @POLITICO

Link to Supreme Court decision in article in tweet.

Unanimous decision issued by Justice Breyer, striking down “interim” appointments to NLRB as unconstitutional.

While Court did not analyze whether decisions issued under unconstitutionally appointed board are not binding, the result of this decision should be that any decision issued during this time will be able to be successfully challenged because the D.C. Circuit case that was affirmed by the Supreme Court held that the Board’s decision was invalid because the Board was invalid.

Important: even if prior cases are invalid, as they should be expect NLRB to reach out for similar cases and issue same decisions.

This is victory for rule of law but not necessarily for any change in NLRA as interpreted by activist NLRB.

This blog should not be construed as legal advice, as pertaining to specific factual circumstances or establishing an attorney-client relationship.

About Jonathan A. Segal
Jonathan A. Segal is a partner at Duane Morris LLP in the Employment Group. He is also the managing principal of the Duane Morris Institute. The Duane Morris Institute provides training for human resource professionals, in-house counsel, and other leaders at client sites and by way of webinar on myriad employment, leadership labor, benefits and immigration topics. Jonathan has served intermittently as a consultant to the Federal Judicial Center in Washington, D.C. for more than 20 years, providing training on employment issues to federal judges around the country. Jonathan also has provided training on harassment on behalf of the EEOC as well as providing training on diversity to members of the United States intelligence agencies. Jonathan is also frequently a featured speaker at national, state and local human resource, business and legal conferences, including conferences sponsored by the Society for Human Resource Management and the Pennsylvania State Chamber of Business and Industry. Jonathan’s practice focuses on maximizing compliance and minimizing legal risk. Jonathan’s particular areas of emphasis include: equal employment opportunity in general and gender equality in particular: social media; wage and hour; performance management; talent acquisition; harassment prevention and correction; and non-competes and other ways to protect your business. You can find him on Twitter @Jonathan_HR_Law .