Posted on April 25, 2013
YAKIMA, Wash. — The Obama administration asked the U.S. Supreme Court Thursday to review a recent Court of Appeals decision that could invalidate hundreds National Labor Relations Board rulings and limit presidential authority to fill administrative positions while the Senate is in recess.
Earlier this year, the District of Columbia circuit of the U.S. Court of Appeals ruled in favor of Yakima-based Noel Canning in its appeal of an NLRB ruling. The company is represented by Yakima attorney Gary Lofland. The ruling upheld a labor agreement between the company and Teamsters Local 760 of Yakima.
The appeals court agreed with Noel Canning's argument that the NLRB did not have a proper quorum as two of the three members involved in the ruling were presidential recess appointees. The court ruled that those two appointments, along with a third NLRB appointee, were invalid since the Senate was not in recess.
The Obama administration has continued to argue that the session was pro forma where few senators were present and no formal business was done.
Now that a petition has been filed with the Supreme Court, Noel Canning has until May 28 to file a response. Once the response is filed, the Supreme Court will then decide whether it will review the case.
Republican legislators, the U.S. Chamber of Commerce and other pro-business groups have backed Noel Canning. They see the case as an opportunity to question the credibility of the federal agency, which they said has been pushing an aggressive, pro-union agenda.
Since the court ruled in favor of Noel Canning, dozens of employers have filed appeals on NLRB rulings on the basis of invalid recess appointments of NLRB members.
