From the Editor
Pavich, Matthew, Labor Law Journal
The re-election of Barack Obama as President of the United States could reasonably have been expected to have settled some of the ongoing battles over the direction of labor and employment relations in the country. After all, the president ran on a platform that promised government intervention on the part of workers and, presumably, their labor representatives. Many of those organizations supported and fought for the president. Perhaps the election would have calmed the waters had it not been for the DC Circuit's Noel Canning ruling.
In that case, the appellate court found that the recess appointments of National Labor Relations Board Members Sharon Block and Richard T. Griffin were unconstitutional because the Senate was in pro-forma session. In other words, because one senator would gavel the senate in and out of session every three days, the Senate was not in recess, even though most of its members were unavailable to offer advice and consent on the nominations of Block and Griffin. …