During its final week in session this term, the U.S. Supreme Court announced that it would take on two notable labor-related cases. As expected, the Court agreed to review the U.S Court of Appeals for the D.C. Circuit’s decision invalidating the president’s recess appointments to the National Labor Relations Board, in NLRB v. Noel Canning. The Court’s ultimate decision in this case could significantly shape modern labor law, invalidate hundreds of Board decisions, and influence the future composition of the Board given its limitations on the presidential recess appointment power and the vacancies suitable for recess appointments.
In addition, the Court agreed to review the U.S Court of Appeals for the Eleventh Circuit’s decision in Mulhall v. UNITE HERE Local 355, a significant decision in which the court revived an employee’s claim that a neutrality agreement between his employer and Local 355 was unlawful. The Court has never before agreed to review a decision that so closely implicates neutrality agreements.