Stuart Buttrick in Law360 on NLRB v. Noel Canning SCOTUS Decision

The Supreme Court's decision in National Labor Relations Board v. Noel Canning, holding that three NLRB recess appointments made by President Obama were unconstitutional, paves the way for employers to challenge adverse decisions made by regional directors appointed by the NLRB on the basis that post-Canning, those directors lack authority.

Stuart Buttrick, who leads the labor management relations team at Faegre Baker Daniels, told Law360 that legal cases resulting from this decision are likely. "The Supreme Court held that the board wasn't properly constitutionally appointed," Buttrick said. "That means all the official actions by the board are invalid. That goes to cases, but any other acts done by the unconstitutional body are also arguably, if not certainly, invalid."