WASHINGTON, D.C. — Today the U.S. Supreme Court announced that it would review NLRB v. Noel Canning, the case the U.S. Chamber of Commerce has helped to bring for its client and member, Noel Canning Corporation, challenging the president’s unconstitutional recess appointments to the NLRB. Even after the D.C. Circuit ruled that the Board had no authority to act, the Board continued to issue decisions. Because of the uncertainty about whether the decisions issued by this Board are valid, the Chamber urged the government promptly to seek Supreme Court review of the case.
“The Supreme Court’s decision to review this case is welcome news,” said Thomas J. Donohue, president and CEO of the U.S. Chamber. “We warned last year that by appointing these members to the NLRB in such a controversial fashion, a cloud of uncertainty covered the agency and its work. We fought on behalf of our member in the D.C. Circuit and the Court agreed with us. We are ready to fight for our member before the nation’s highest court.”
In January, the U.S. Court of Appeals for the D.C. Circuit invalidated an NLRB decision against the Noel Canning Corporation, holding that the Board lacked a quorum because the three “recess” appointments to the Board were unconstitutional. The Board has released over 900 decisions since these recess appointments were made in January 2012, including 275 since the Noel Canning decision. The uncertainty stemming from these recess appointments is significant and, as the Chamber explained to the Court in a brief filed last month, this case raises important constitutional issues that the Court should hear.
“The Board’s decision to conduct business as usual even after the D.C. Circuit’s decision has compounded the confusion created by these recess appointments,” said Lily Fu Claffee, executive vice president of the Chamber’s National Chamber Litigation Center (NCLC) and senior vice president, chief legal officer, and general counsel of the U.S. Chamber of Commerce. “Now that the Supreme Court has decided to hear the case, our client and member, Noel Canning Corporation, and businesses across the country will have finality on this important issue.”
The U.S. Chamber briefed, argued, and won this case on behalf of its member, Noel Canning Corporation in the D.C. Circuit. The Chamber is now continuing to litigate for Noel Canning Corporation before the U.S. Supreme Court. The Chamber’s in-house lawyers are serving as co-counsel with the law firms of Jones Day and Halverson Northwest Law Group.
The case is National Labor Relations Board v. Noel Canning.
NCLC is the litigation arm of the U.S. Chamber of Commerce and advocates for the fair treatment of business in the courts and before regulatory agencies.
The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations. For more information, visit http://www.uschamber.com.