Lower Court Holding in Noel Canning v. NLRB
Decision of the D.C. Circuit U.S. Court of Appeals
Petitioner is a bottler and distributor of Pepsi-Cola products and is an employer within the terms of the National Labor Relations Act (NLRA). A National Labor Relations Board (NLRB) administrative law judge concluded that Noel Canning had violated the NLRA. After Noel Canning filed exceptions to the judge’s findings, a three-member panel of the board affirmed those findings in a decision dated February 8, 2012. On that date, the board purportedly had five members. Two members, Chairman Mark G. Pearce and Brian Hayes, had been confirmed by the Senate on June 22, 2010. It is undisputed that they remained validly…
