Noel Canning v. NLRB, No. 15-1029 (D.C. Cir. 2016)
Annotate this CaseNoel Canning seeks review of the Board's decision and order determining that Noel Canning violated the National Labor Relations Act (NLRA), 29 U.S.C. 151-169, and ordering relief against it. Noel Canning argued that the court's disposition vacating a prior order in the same dispute left no authority with the Board to enter this further decision and order. The court concluded that the Board’s decision to reconsider the merits of the case and issue a new decision and order was not only consistent with this Court’s Noel Canning I mandate, but also reasonable and in furtherance of justice. The court noted that it is highly unlikely that the law would establish that a question properly presented to the labor board must pend forever if the board for procedural or quorum-related reasons invalidly entered its first order. Finally, in regard to the Board's cross-application for enforcement, Noel Canning does not contest the Board's finding that it violated the NLRA by refusing to reduce to writing and execute a collective bargaining agreement arrived at through collective bargaining with the union. Accordingly, the court denied the petition for review and granted the cross-application for enforcement.
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