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Labor/Employment

Feb. 1, 2014

NLRB case has far-reaching implications

The recess appointments case heard by the U.S. high court recently could end up as a major separation of powers decision limiting the extent of presidential authority. By Scott J. Witlin

Scott J. Witlin

Partner
Barnes & Thornburg LLP

Phone: (310) 284-3880

Email: scott.witlin@btlaw.com

Scott is the administrator for the firm's Labor & Employment Department, and a member of its Entertainment, Media and Sports Practice Group.

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It is not every labor law opinion that cites to The Federalist Papers, the correspondence of Alexander Hamilton, and a 1792 opinion issued by the original attorney general, Edmund Randolph. But National Labor Relations Board v. Noel Canning, No. 12-1281 - argued Monday - is far more than the typical labor law case. And if the U.S. Supreme Court affirms the opinion of the U.S. Circuit Court of Appeals for the District of Columbia, Noel Canning could end up as a major separatio...

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