NLRB to seek Supreme Court review of ruling on recess appointments

AHA News Now

The National Labor Relations Board intends to ask the U.S. Supreme Court to review a January ruling by the D.C. Circuit Court of Appeals that found three NLRB members were not validly appointed. At issue was whether President Obama validly used his recess appointment authority to appoint three members to the board on Jan. 4, 2012 without Senate approval. In a unanimous decision, the court held that the president can only make recess appointments for vacancies that arise during an official recess, which it defined as the break between sessions of Congress. If the ruling stands, it could invalidate all NLRB decisions made since the appointees joined the board due to lack of a legally required quorum for doing business. If the Court takes the case, it likely would be heard in the term beginning October 2013.

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