Noel Canning, A Division of the Noel Corp. v. NLRB, No. 12-1115 (D.C. Cir. 2013)Annotate this Case
Petitioner sought review of the Board's decision finding that petitioner violated section 8(a)(1) and (5) of the National Labor Relations Act (NLRA), 29 U.S.C. 158(a)(1), (5), by refusing to reduce to writing and execute a collective bargaining agreement reached with the Union. The Board cross-petitioned for enforcement of the order. Because the Board lacked a quorum of three members when it issued its decision in this case, the court concluded that its decision must be vacated. Accordingly, the court granted the petition for review and denied the cross-petition for enforcement of the Board's invalid order.