BREAKING: D.C. Circuit strikes down Obama's "recess appointments" to NLRB

NLRB%20seal.jpgBy David Phippen, Fairfax Office

UPDATE: David's client bulletin analyzing the D.C. Circuit's Noel Canning decision is available here.

The U.S. Court of Appeals for the District of Columbia Circuit struck down today the "recess appointments" of Sharon Block and Richard Griffin to the National Labor Relations Board. Without Members Block and Griffin, most of the Board decisions issued in 2012 and all issued in 2013 are void for lack of a quorum. If this decision stands, the only validly appointed member of the Board still serving is Chair Mark Gaston Pearce. The decision also calls into question the "recess appointment" of Richard Condray to head the Consumer Financial Protection Bureau.

The Obama Administration is likely to appeal the decision to the U.S. Supreme Court.

Constangy will issue a client bulletin on this important decision soon.

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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