Supreme Court Unanimously Rules NLRB Recess Appointments Unconstitutional

Effective Associating- PMPA and other groups challenged the “recess” appointment of three nominees to the NLRB without a confirmation vote.

The Supreme today unanimously ruled  the appointment sto be unconstitutional. 

The work being done inside is way more important than the work that we see going on outside!

The work being done inside is way more important than the work that we see going on outside!


The President has the right under the Constitution to bypass Congress when then Senate is in “recess” or “adjourned”, however, Republicans procedurally blocked the Senate from going into recess to avoid the President installing controversial appointees. Through our membership in the Coalition for a Democratic Workplace (CDW), along with our co-plaintiffs, we became the first groups to legally challenge President Obama’s unlawful recess appointments of Richard Griffin, Sharon Block and Terry Flynn to the NLRB.

In a unanimous decision, the court sided with our coalition and Senate Republicans to limit the power of a president to make recess appointments.

The decision also calls into question hundreds of decisions made while the three appointments were part of the labor board in 2012 and half of 2013. 

The new five member board will have to revisit those decisions.

Here is a copy of the decision NLRB v. Noel Canning

PMPA ‘s mission is to “Provide information, resources, advocacy, and networking opportunities that advance and sustain our members.”

This unanimous decision by the high court demonstrates the effectiveness of our advocacy on behalf of our members.

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