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Mary Rogers quoted in Law360: "Lawyers Weigh In On High Court's Recess Appointment Ruling"

Publisher: Law360
June 26, 2014

Day Pitney partner Mary B. Rogers, chair of the firm's Labor and Employment practice, provided comments for an analysis of the Supreme Court's ruling in National Labor Relations Board v. Noel Canning in the June 26 issue of Law360. The ruling struck down President Barack Obama's three recess appointments to the National Labor Relations Board (NLRB). She said: "In light of the 2010 U.S. Supreme Court decision in New Process Steel, which held that the NLRB did not have the power to act without a quorum of three-members, the hundreds of decisions issued by the NLRB during the terms of the Jan. 4, 2012, three recess appointees likely are invalid. The NLRB may take the same approach that it did following the New Process Steel decision: review and issue new decisions in some cases and close the remainder of the cases 'with no review required.' Today's decision is unlikely to change the NLRB's agenda. It currently has five-members appointed with Senate confirmation. Three of the five members previously worked as counsel to unions, and it is expected that the NLRB will continue to issue decisions and rules in favor of organized labor."

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