08 May 2013 <i>Noel Canning</i> be damned: NLRB holds D.C. Circuit Decision Does Not Require Complaint Dismissal
National Labor Relations Board | Keith BrodieOn April 30, 2013, the NLRB for the first time in a decision addressed the D.C. Circuit’s controversial Noel Canning decision and held that it does not prevent the agency from continuing to act while the case is litigated. In Bloomingdale’s Inc., 359 NLRB No. 113 (April 30, 2013), the employer filed a Motion to Dismiss arguing that based on the Noel Canning decision that President Obama’s recess appointments to the NLRB were invalid, all…