SIAP- SCOTUS ruling on NLRB recess appointments and NW Football union: question for MGoLawyers
Question for MGoLawyers--
I was reading SCOTUSblog in preparation for the rulings expected today, and in my review of the NLRB decision from last week, I had a thought. A analysis of the case (http://www.laborlawyers.com/supreme-court-strikes-down-nlrb-recess-appointments) claims that every NLRB decision from Jan '12 up to now is subject to re-review due to the NLRB appointments being largely illegal w.r.t. recess appointment powers of the President. Does this have an impact on the NW Football union case? As I remember, the regional NLRB ruled NW football players have a chance to form a union being considered employees of the university, but the national NLRB subsequently impounded the votes because of a pending legal challenge ("The NLRB subsequently granted a request by the university for a full-board review of Ohr's decision, but players cast ballots two weeks on whether to unionize. Because of Northwestern's challenge, the ballots were impounded by the NLRB and unlikely to be counted until the full board issues a decision."- http://www.usatoday.com/story/sports/ncaaf/2014/05/08/house-education-workforce-committee-northwestern-football-labor-union/8846329/)
Does anyone know if this SCOTUS ruling changes the status quo on the NW case? Did the national NLRB issue a ruling? Would / could the universities involved in this case use this SCOTUS decision as a basis for a re-challenge of the original ruling? Could they wait it out for a potential change in NLRB composition that might be more favorable to them, as the Fisher & Phillips linked above suggests other losers of NLRB rulings might do? Now that Coulter is fully graduated from the university and is no longer an "employee" since he's no longer on scholarship, does he even have standing? Appreciate the comments...
The senate confirmed all five NLRB nominees in 2013: http://thehill.com/blogs/floor-action/senate/314503-senate-votes-to-confirm-all-five-nlrb-members Everything that happened after then is unaffected by Noel Canning.
That was not the case during the period in question, January 2012 to mid-2013. All cases decided during that period could be up for review, it's an outstanding question.
But it does not affect the NW case, that was the regional board and not duing that time period.
The "period in question" regarding the NW union decision is after 2013, so Noel Canning doesn't have any effect on NW. I think we're saying the same thing.
I believe the correct answer is there is no effect because the Board hasn't made any decision in the matter. The only decision so far, I believe, was at the regional level. The last I read, Northwestern said they will appeal that decision to the Board.
Thanks. Mods, feel free to delete the thread unless there's dissenting opinion.
I'd say leave it up, as it's a legitimate question and the answer is of interest to those of us who frequent this board.
Thanks for posting, even if it's a relatively binary issue. (Whether issues can be "relatively binary" would be another good topic for discussion, although probably not on this board.)
Wouldn't a "relatively binary issue" be a "quantum issue"?
This was a really fantastic question, and I'm glad you asked it and I was able to read it.
If companies would just treat their employees fairly there would be no need for unions or the NLRB.
All non-unionized pilots are completely screwed in this era, especially by regional carriers. I can't believe what they get paid.
gonna find a way to bill for this