The National Labor Relations Act requires at least three board members to make decisions, the Supreme Court determined in June 2010. Relying on that holding, the D.C. Circuit Court of Appeals in January ruled that the board didn't have enough validly seated members throughout 2012.
The board had five members but three were installed by President Barack Obama through recess appointments. The DC Circuit ruled that Obama made the appointments when the Senate was actually in session. Dozens of companies have sought to overturn the NLRB's decisions as a result of the DC Circuit ruling. Get the Story:NLRB will petition Supreme Court over Obama’s recess appointments (The Washington Post 3/13)
Recess Appointments Ruling to Be Appealed (The New York Times 3/13) DC Circuit Decision:
Noel Canning v. NLRB (January 25, 2013)
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