By Jim Martin, Contributor The ripple effects continue from the D.C. Circuit’s decision in Noel Canning v. Nat’l Labor Relations Bd., declaring President Obama’s three “recess” appointments to the NLRB unconstitutional. While the Noel Canning decision’s immediate fate is uncertain, a Connecticut health care company, Healthbridge Management, petitioned Supreme Court Justice Ruth Bader Ginsburg for an emergency stay of an injunction seeking reinstatement of striking nurses on the ground that the Board’s authority was in doubt. Justice Ginsburg denied the stay, and the company then tried its luck with Justice Antonin Scalia, who submitted the stay request to the full court, and it was again denied. Whether any relief is there, the last chapter on Noel Canning likely will be written by the Supreme Court. The D.C. Circuit’s decision is in conflict with a 2004 en banc holding of the Eleventh Circuit. See Evans v. Stephens, 387 F.3d 1220 (11th Cir. 2004). The NLRB’s authority also is being litigated in at least 15 other cases in federal appellate courts across the country, with oral argument set in the Third and Fourth Circuits in March. …read more
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