By David Phippen, Fairfax Office
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.
Of Counsel & Chief Legal EditorRobin also conducts internal investigations and delivers training for HR professionals, managers, and employees on topics such as harassment prevention, disability accommodation, and leave management.
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This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
