Law | Politics

Court invalidates NLRB rulings due to recess appointments

The National Labor Relations Board did not have enough members when it made decisions throughout 2012, D.C. Circuit Court of Appeals ruled on Friday.

The National Labor Relations Act requires at least three board members to make decisions. In the last year, only two were validly seated, the DC Circuit noted, while the other three were installed by President Barack Obama through recess appointments.

Recess appointments to the NLRB have been common in recent years due to political disputes. But the Senate was not in recess at the time Obama named the three new members, the DC Circuit said.

"[T]he President made his three appointments to the Board on January 4, 2012, after Congress began a new session on January 3 and while that new session continued," the decision stated.

The White House said it will challenge the decision.

Get the Story:
Court says Obama exceeded authority in making appointments (The Washington Post 1/26)
Court Rejects Obama Move to Fill Posts (The New York Times 1/26)

DC Circuit Decision:
Noel Canning v. NLRB (January 25, 2013)

Related Stories:
Supreme Court bars two-member NLRB from making rulings (6/17)
Federal labor board expands jurisdiction over tribes (6/4)

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