Obama Loses On NLRB Recess Appointments, But Employers Unlikely To Win
Steve Bernstein, a partner in the Tampa office, was quoted in a Forbes article "Obama Loses On NLRB Recess Appointments, But Employers Unlikely To Win" on June 26, 2014. The article discusses the U.S. Supreme Court decision in NLRB v. Noel Canning invalidating more than 100 decisions the five-member NLRB board made while the contested members were there, including the labor dispute with a Pepsi-Cola distributor that initiated the case.
The decision may be good news for many of the 600 companies that were given “adverse determinations” between January 2012 and July 2013 when the now-illegal board was in session, said Steve. He noted that the new board “could get bogged down in exercises of retrospection,” that may postpone its agenda for some time.