Employment Cases To Watch In 2014
Randall Coffey was quoted in the Law360 article entitled “Employment Cases To Watch In 2014.”
Randy gives insight on the National Labor Relations Board v. Noel Canning case.
The case, slated for oral argument in the U.S. Supreme Court on Jan. 13, 2014, gives the justices a chance to clarify under what circumstances the U.S. President can bypass the Senate and make appointments to the labor board and other executive agencies.
According to the article, many lawyers say the Senate's recent vote to change its rules to require just a simple majority, as opposed to 60 votes, to get nominees such as labor board members approved may have detracted from Noel Canning's significance. But the need to reissue previous decisions if the high court rules against the NLRB could hamper the agency's ability to implement what management-side lawyers see as a labor-friendly agenda.
"That's probably the lasting significance that that ruling might have, because it will create a real rumble strip in the road that's going to slow them down until they succeed in dealing with all the invalidated actions," said Randy.