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***MEDIA ADVISORY*** Subcommittee to Examine Recent NLRB Actions and the Future of the Board After Noel Canning

On Wednesday, February 13 at 10:00 a.m., the Subcommittee on Health, Employment, Labor, and Pensions, chaired by Rep. Phil Roe (R-TN), will hold a hearing entitled “The Future of the NLRB: What Noel Canning vs. NLRB Means for Workers, Employers, and Unions.” The hearing will take place in room 2175 of the Rayburn House Office Building.

In January 2012, President Obama installed three recess appointments to the National Labor Relations Board (NLRB) while Congress was not in recess. Since that time, the board has issued a number of controversial decisions that expand the power of union interests and overturn long standing precedent. For example, one ruling (Piedmont Gardens) overturned more than thirty years of board precedent by allowing unions to obtain witness statements gathered during an employer’s internal investigation. Another recent decision (Kent Hospital) undermined the right of workers to not fund union lobbying activities.

The fate of these and other decisions issued over the last year are now in jeopardy following last month’s ruling by the U.S. Court of Appeals for the District of Columbia. In Noel Canning vs. NLRB, the court held unanimously that President Obama’s ‘recess’ appointments to the board were constitutionally invalid. All actions by the board that involve the unconstitutional board members are ripe for appeal, forcing employers, unions, and workers to face legal uncertainty.

Wednesday’s hearing will provide members an opportunity to discuss recent decisions issued by the NLRB and the future of the board in the wake of Noel Canning. To learn more about this hearing, visit


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Witnesses to be announced.