Supreme Court Unanimously Rules Obama NLRB Recess Appointments Illegal

WASHINGTON, D.C., June 26, 2014 — Today, the Supreme Court unanimously held in NLRB v. Noel Canning that President Obama’s January 2012 recess appointments to the National Labor Relations Board (NLRB) during a pro-forma session of the U.S. Senate were unconstitutional. As a result of the President’s actions, over 700 reported and unreported NLRB decisions issued between January 2012 and August 2013 are potentially invalid. All of the current Board members have been appropriately confirmed by the Senate.

The Coalition for a Democratic Workplace (CDW) hailed the Supreme Court’s decision in Noel Canning as a victory for employees, employers, and most importantly for the role of Constitutional separation of powers. CDW was a leader in the legal fight against the administration’s attempt to illegally place nominees to the National Labor Relations Board (NLRB) during a recess of the Senate, which would otherwise provide advice and consent on the process.

CDW chairman Geoffrey Burr said, “CDW and our hundreds of member organizations are deeply satisfied that our strategic and legal efforts have been successful. While the practical implications of today’s ruling are not yet entirely clear, we are proud to have successfully defended the Constitution against a reckless endeavor by the administration on behalf of its greatest special-interest patron in Big Labor.”

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