U.S. Supreme Court Finds President Obama Lacked the Power to Make Three Recess Appointments to the National Labor Relations Board

On June 26, 2014, the Supreme Court decided National Labor Relations Board v. Noel Canning, holding that the President of the United States lacked authority to appoint three members of the National Labor Relations Board (NLRB) during a three-day recess between pro forma sessions of the Senate because such a recess was too short a time to constitute a "recess" under the Recess Appointments Clause in Article II of the Constitution.

Faegre Baker Daniels partner Brian Garrison represents management in labor relations and employment matters. Garrison co-authored an article appearing in the July 1, 2014 edition of the American Bar Association's Hot Topic newsletter focusing on labor & employment law. Garrison explained what the Noel Canning decision means for the members of the NLRB appointed by President Obama, and specifically what the implications might be for both management and unions.