Saturday, January 26, 2013

Appeals Court Strikes Down Obama NLRB Recess Appointments

When is a presidential recess appointment less than an appointment? It's when Congress isn't in recess, a federal appeals court has concluded. This Friday morning, a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia unanimously invalidated President Obama's three appointments - Sharon Block, Richard Griffin and Terence Flynn - to the National Labor Relations Board (NLRB) of January 4, 2012. The Obama administration is expected to appeal the case, formally known as Noel Canning v. NRLB, to the U.S. Supreme Court. As Flynn stepped down last summer and another member left in December, the normally five-member NLRB now has only one legitimate member, Mark Pearce. Things could stay chaotic for a long time. For if the Supreme Court affirms the ruling, such action would void literally hundreds of board rulings made during the past year.

Read more: http://nlpc.org/stories/2013/01/25/appeals-court-strikes-down-obama-nlrb-recess-appointments

No comments: