Supreme Court Rules Against NLRB Recess Appointments - Modern Distribution Management

Supreme Court Rules Against NLRB Recess Appointments

Ruling could impact more than 400 decisions made by the labor board during an 18-month period.
PublicPolicy-blog

Hundreds of National Labor Relations Board decisions and rules could be called into question now that the U.S. Supreme Court has ruled that recess appointments made by the President in January 2012 were invalid. The court ruled unanimously that the appointments were unconstitutional, but a split court (5-4) on why the appointments were unconstitutional leaves the door open for future recess appointments.

In the case, a beverage distributor questioned whether the NLRB had a quorum, and therefore the ability to make decisions and rules, after President Obama made recess appointments to fill three vacancies on the board. 

The board made more than 400 decisions during the tenure including the appointees, so now the question is whether those decisions are valid and binding. And if they’re not, how will the board handle the cases involved?

The cases in question cover a lot of legal ground, from protection for what someone says about an employer on social media sites to collective bargaining issues.

NLRB Chairman Mark Gaston Pearce made a statement regarding the Supreme Court decision, saying the board is “committed to resolving any cases affected by today’s decision as expeditiously as possible.”

Share this article

About the Author
Recommended Reading
Leave a Reply

Leave a Comment

Sign Up for the MDM Update Newsletter

The MDM update newsletter is your best source for news and trends in the wholesale distribution industry.

2

articles left

Want more Premium content from MDM?

Subscribe today and get:

  • New issues twice each month
  • Unlimited access to mdm.com, including 10+ years of archived data
  • Current trends analysis, market data and economic updates
  • Discounts on select store products and events

Subscribe to continue reading

MDM Premium Subscribers get:

  • Unlimited access to MDM.com
  • 1 year digital subscription, with new issues twice a month
  • Trends analysis, market data and quarterly economic updates
  • Deals on select store products and events

1

article
left

You have one free article remaining

Subscribe to MDM Premium to get unlimited access. Your subscription includes:

  • Two new issues a month
  • Access to 10+ years of archived data on mdm.com
  • Quarterly economic updates, trends analysis and market data
  • Store and event discounts

To continue reading, you must be an MDM Premium subscriber.

Join other distribution executives who use MDM Premium to optimize their business. Our insights and analysis help you enter the right new markets, turbocharge your sales and marketing efforts, identify business partners that help you scale, and stay ahead of your competitors.

Register for full access

By providing your email, you agree to receive announcements from us and our partners for our newsletter, events, surveys, and partner resources per MDM Terms & Conditions. You can withdraw consent at any time.

Learn More about Custom Reports

Request a Market Prospector Demo

  • This field is for validation purposes and should be left unchanged.

Get the MDM Update Newsletter

Wholesale distribution news and trends delivered right to your inbox.

Sign-up for our free newsletter and get:

  • Up-to-date news in a quick-to-read format
  • Free access to webcasts, podcasts and live events
  • Exclusive whitepapers, research and reports
  • And more!