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MATHEW ENTERPRISE, INC. v. N.L.R.B.

Nos. 11-1310, 11-1406.

771 F.3d 812 (2014)

MATHEW ENTERPRISE, INC., Doing Business as Stevens Creek Chrysler Jeep Dodge, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. International Association of Machinists & Aerospace Workers, AFL-CIO, Local Lodge 1101, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

November 7, 2014.

Attorney(s) appearing for the Case

Linda Dreeben, Deputy Associate General Counsel, National Labor Relations Board, filed the motion to lift abeyance and to issue the mandate and the reply thereto for respondent.

David A. Rosenfeld and Caren P. Sencer filed the motion to issue the mandate and the reply thereto for intervenor International Association of Machinists & Aerospace Workers, AFL-CIO, Local Lodge 1101.

Daniel T. Berkley and Charles O. Zuver, Jr. filed the response for petitioner.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

Mathew Enterprise has raised a Recess Appointments Clause challenge to the National Labor Relations Board's order in this case. Based on the Supreme Court's recent decision in National Labor Relations Board v. Noel Canning, ___ U.S. ___, 134 S.Ct. 2550, 189 L.Ed.2d 538 (2014), we reject Mathew Enterprise's claim.

The National Labor Relations Board...

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