Steven Swirsky Quoted in Article, “Court Scuttles NLRB Recess Appointments Creating Uncertainties for Provider Employers”

Bloomberg BNA's Health Law Reporter

Steven Swirsky, a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, in the New York office, was quoted in an article titled "Court Scuttles NLRB Recess Appointments Creating Uncertainties for Provider Employers."

Following is an excerpt:

Recent federal appeals court decision invalidating the recess appointments of three members of the National Labor Relations Board, and vacating a board decision in an unfair labor practices case, leaves health care employers with more questions than answers, labor attorneys told BNA (Noel Canning Division of Noel Corp. v. NLRB, D.C. Cir., No. 12-1115, 1/25/13).

The U.S. Court of Appeals for the District of Columbia Circuit ruled Jan. 25 that two of the three current board members were given unconstitutional recess appointments, throwing into question the validity of hundreds of board rulings, including on health care matters. ?...

Steven M. Swirsky, with Epstein Becker & Green, PC in New York, agreed that high court review is all but certain. ''The decision, involving an issue that certainly will be appealed to the U.S. Supreme Court, provides much anticipated relief to business groups, health care providers, and other employers who have been struggling with the aggressive, pro-labor agenda of the current NLRB,'' he said.