N.L.R.B. v. Canning

Decision Date24 June 2013
Docket NumberNo. 12–1281.,12–1281.
Citation186 L.Ed.2d 908,133 S.Ct. 2861 (Mem),570 U.S. 916
Parties NATIONAL LABOR RELATIONS BOARD, petitioner, v. Noel CANNING, et al.
CourtU.S. Supreme Court

570 U.S. 916
133 S.Ct. 2861 (Mem)
186 L.Ed.2d 908

NATIONAL LABOR RELATIONS BOARD, petitioner,
v.
Noel CANNING, et al.

No. 12–1281.

Supreme Court of the United States

June 24, 2013.


Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted. In addition to the questions presented by the

133 S.Ct. 2862

petition, the parties are directed to brief and argue the following question: Whether the President's recess-appointment power may be exercised when the Senate is convening every three days in pro forma sessions.

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28 cases
  • Hawker Beechcraft, Inc. v. Hawker Beechcraft Corp.
    • United States
    • U.S. District Court — Southern District of New York
    • March 27, 2014
    ...under Article HI of the Constitution); Noel Canning v. N.L.R.B., 705 F.3d 490, 500 (D.C.Cir.2013)cert. granted, ––– U.S. ––––, 133 S.Ct. 2861, 186 L.Ed.2d 908 (2013) (use of a definite article in the Recess Clause of Article II, section 2 indicates reference to a specific Congressional rece......
  • D.R. Horton, Inc. v. Nat'l Labor Relations Bd.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • December 3, 2013
    ...members was improperly appointed. See Noel Canning v. NLRB, 705 F.3d 490 (D.C.Cir.2013), cert. granted––– U.S. ––––, 133 S.Ct. 2861, 186 L.Ed.2d 908 (U.S. June 24, 2013) (No. 12–1281).3 The D.C. Circuit vacated the order of a three-member panel of the Board based on its determination that t......
  • State Nat'l Bank of Big Spring v. Lew
    • United States
    • U.S. District Court — District of Columbia
    • August 1, 2013
    ...Labor Relations Board during its next term. See Noel Canning v. NLRB, 705 F.3d 490 (D.C.Cir.2013), cert. granted,––– U.S. ––––, 133 S.Ct. 2861, 186 L.Ed.2d 908 (2013). 3. In several unrelated cases, plaintiffs have mounted challenges to regulations promulgated pursuant to authority delegate......
  • Nat'l Labor Relations Bd. v. Canning
    • United States
    • U.S. Supreme Court
    • June 26, 2014
    ... ... Three days is too short a time to bring a recess within the scope of the Clause. Thus we conclude that the President lacked the power to make the recess appointments here at issue. 573 U.S. 520 I The case before us arises out of a labor dispute. The National Labor Relations Board (NLRB) found that a PepsiCola distributor, Noel Canning, had unlawfully refused to reduce to writing and execute a collective-bargaining agreement with a labor union. The Board ordered the distributor to execute the agreement and to make employees whole for any losses. Noel Canning, 358 N.L.R.B. No. 4 ... ...
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