The National Labor Relations Board (the “Board”) has been in the news frequently during the past year because of its decisions in various cases that appear to favor union interests and impose new rules in the American workplace. Many employers have complained that the Board has overstepped its bounds.
Well, today, the United States Court of Appeals for the District of Columbia, effectively, invalidated all of those Board decisions. The Court ruled that the Board lacked authority to act in 2012 for want of a quorum, as three members of the five-member Board were never validly appointed because they took office under recess appointments which President Obama made when the Senate was not in recess. Because the recess appointments to the Board were unconstitutional, the Board’s 2012 decisions are void.
Unfortunately, this is not the end of the story. The Obama Administration is reportedly set to appeal this court decision to the Supreme Court of the United States. Nevertheless, this is big news and an embarrassment to the Obama administration. Only time will tell how this will affect how the Board will operate going forward.
Click here to read the court decision.
If you have questions regarding this decision or other employment law concerns, please contact us.
