By James M. Walters
Last Friday, the U.S. Court of Appeals for the District of Columbia Circuit issued a long-awaited ruling refusing to enforce the National Labor Relations Board’s bargaining order against a petitioning employer. The basis for the court’s decision was the improper appointment of three members of the NLRB (see Noel Canning v. NLRB).
The Appeals Court opinion was authored by Chief Judge David Sentelle, and joined by Judge Karen LeCraft Henderson and Judge Thomas Griffith (who concurred in the opinion). This decision was unique, in that it was ultimately decided on purely constitutional grounds, holding that President Barack Obama’s attempted recess appointments of three NLRB members in January of 2012 were constitutionally impermissible. Read more…
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