The recent U.S. Supreme Court case National Labor Relations Board vs. Canning was an ostensible blow to President Obama’s ability to make recess appointments.
It ruled that the Senate was not in recess for a sufficient length of time for the President to invoke the Recess Appointments Clause of the Constitution. However, the high court’s decision may also affect hundreds of decisions made by the National Labor Relations Board in the past few years.
The Canning decision means that the NLRB did not have a quorum when it decided more than four hundred labor cases between January 2012 and August 2013.
Such employment law cases concerning social media policies, employer confidentiality rules, off-duty employee access rules, employer withholding obligations, and discipline policies may now come under review as a result of the Supreme Court ruling.
Read the Canning decision here.