NLRB at the Center of Separation of Powers Battle Between the President and the Senate

In perhaps the most important constitutional case involving the NLRB since the constitutionality of the National Labor Relations Act (“NLRA” or “Act”) was decided 76 years ago in Jones & Laughlin v. NLRB, the Supreme Court  this morning heard argument in NLRB v. Noel Canning.  On its face, the issue before the Court is whether the Board Members who decided that Noel Canning, a Yakima, Washington canning and bottling company, violated the Act were properly appointed by President Obama.

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