U.S. Chamber Litigators Take On NLRB Recess Appointments In Historic U.S. Supreme Court Case

WASHINGTON, D.C.—The U.S. Chamber of Commerce’s National Chamber Litigation Center (NCLC) today filed a brief in the U.S. Supreme Court on behalf of its client and Chamber member, Noel Canning Corporation.  In the brief, the Chamber’s lawyers urged the Court to uphold a court of appeals decision that invalidated the President’s unconstitutional “recess” appointments to the National Labor Relations Board (NLRB).  This is the first time that the lawyers at the National Chamber Litigation Center (NCLC) will directly represent a Chamber member company before the U.S. Supreme Court. The case is National Labor Relations Board v. Noel Canning.

“The D.C. Circuit got it right - these so-called recess appointments are unconstitutional,” said Thomas J. Donohue, president and CEO of the U.S. Chamber. “The President’s unprecedented abuse of the recess power left the NLRB in a legal limbo, causing major confusion for both employers and employees alike. We continue to support our member, Noel Canning, at the Supreme Court with all the legal firepower needed to defend the company and to help restore the proper constitutional balance.”

On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit overturned an NLRB decision against the Noel Canning Corporation, holding that the Board lacked a quorum because the three “recess” appointments to the Board were unconstitutional.  Last month, the government asked the U.S. Supreme Court to review and overturn the D.C. Circuit’s decision.  In the legal brief filed today, the Chamber’s lawyers explained that this case raises the sort of important constitutional issues that the Court should hear.  The Chamber urged the Supreme Court, if it decides to review the case, to uphold the D.C. Circuit’s decision, which correctly concluded that the Recess Appointments Clause of the Constitution did not give the President the power to make these recess appointments because they were made while the Senate was in session.  Serving as NCLC’s co-counsel representing Noel Canning are Jones Day LLP and Halverson Northwest Law Group.

NCLC is the litigation arm of the U.S. Chamber of Commerce and advocates for the fair treatment of business in the courts and before regulatory agencies.

The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations.