The National Labor Relations Board has announced that it will forgo an en banc rehearing of the D.C. Circuit Court of Appeals' decision in Noel Canning v. NLRB which held that President Obama's recess appointments of Terence Flynn, Richard Griffin and Sharon Block were unconstitutional.  Instead, the NLRB will file a petition for certiorari with the U.S. Supreme Court which is due on April 25, 2013.  Obviously there will be more to come on this story.