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Constitutional Law Keyed to Chemerinsky
NLRB v. Noel Canning
Citation:573 U.S. 513 (2014)
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The President must obtain “the Advice and Consent of the Senate” before appointing an “Officer of the United States.” The Recess Appointments Clause, however, gives an exception to the Clause and allows the President to fill up all vacancies that may happen during the recess of the Senate. The National Labor Relations Board (NLRB) found that a Pepsi-Cola distributor, Noel Canning, had unlawfully refused to execute a collective-bargaining agreement with a labor union. Following the Board’s order on the distributor to execute the agreement, the distributor asked the Court of Appeals for the District of Columbia to set aside the order. It claimed that some Board members had been invalidly appointed by the President, who appointed them by invoking the Recess Appointments Clause.
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