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Government

Feb. 6, 2013

What if the NLRB recess appointments decision is upheld?

The decision potentially invalidates virtually every NLRB decision issued since January 2012. By Denise M. Keyser and John R. Carrigan, Jr.


By Denise M. Keyser and John R. Carrigan, Jr.


In holding last year's recess appointments to the National Labor Relations Board to be unconstitutional, the decision of the U.S. Court of Appeals for the District of Columbia Circuit in Noel Canning v. NLRB, No. 12-115 (D.C. Circuit Jan. 25, 2013), potentially invalidates virtually every NLRB decision issued since January 2012, including a host of employee-friendly decisions which have been widel...

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