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ARTICLE · 11 FEBRUARY 2013

Senate Responds To Noel Canning Decision

Littler Mendelson
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Following the U.S. Court of Appeals for the D.C. Circuit’s finding in "Noel Canning v. NLRB" the Senate reacted by introducing a number of measures that take aim at the Board’s current authority.

United StatesEmployment and HR
Littler Mendelson, P.C.
Littler Mendelson, P.C.
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Following the U.S. Court of Appeals for the D.C. Circuit’s finding in Noel Canning v. NLRB that President Obama’s three January 2012 recess appointments to the NLRB were unconstitutional, the Senate reacted by introducing a number of measures that take aim at the Board’s current authority.

The NLRB Freeze Act of 2013 (S. 180) introduced by Sen. John Barrasso (R-WY) would prevent the Board from enforcing rules, regulations and decisions issued since January 2012. Similarly, the Advice and Consent Restoration Act (S. 188) introduced by Sen. Roy Blunt (R-MO) would prevent the NLRB recess appointees from receiving salaries, as well as block the Board from taking any action until the appointees are legally confirmed. Such Board actions include:

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