Congressional Digest

Supreme Court Debates February 2014 No. 2 Vol. 17
Noel Canning, Respondent

Recess Appointments

The President and Congress Battle Over Political Nominations

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Noel Canning, Respondent

Noel J. Francisco, Counsel of Record

Noel Canning is a family-owned soft drink bottling and distributing company in Yakima, Washington. In September 2011, an administrative law judge found that it had violated the National Labor Relations Act by refusing to execute a collective bargaining deal that a local Teamsters union said it had agreed to. On February 8, the National Labor Relations Board (NLRB), which reviews unfair labor practices cases, ruled in favor of the Teamsters. Noel Canning filed suit against the board, contending that three of the five members of the NLRB had been improperly appointed by President Barack Obama. They contended that the President…

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