Who is Noel Canning?

Noel Canning is the name of Pepsi distributor who challenged a National Labor Relations Board (NLRB) decision concerning a collective bargaining agreement on the grounds that the NLRB lacked a quorum because 3 of the 5 board members had not been properly appointed.  On June 26, 2014, the U.S. Supreme Court decided that Noel Canning was right – the NLRB appointments were invalid because of how President Obama appointed the challenged Board members. The Supreme Court decision potentially impacts any actions taken by the NLRB during the time period that the  NLRB included improperly appointed members.

The decision is here: http://www.supremecourt.gov/opinions/13pdf/12-1281_bodg.pdf

An excellent explanation of the decision and its impact can be found here: http://www.fedregsadvisor.com/2014/06/26/scotus-holds-obama-made-unconstitutional-nlrb-recess-appointments-regulations-and-adjudications-at-risk/

Leave a Reply