PTI Labor Research
  Power Through Information  

Latest News - March 2013

March 12, 2013
NLRB to seek top court review of recess appointments ruling
Source: Rueters
By: Lawrence Hurley

The National Labor Relations Board said on Tuesday it would seek Supreme Court review of an appeals court decision that raised questions about the authority of the president to make appointments without Senate approval.

In a January 25 ruling, the Court of Appeals for the District of Columbia Circuit said that three appointments Obama made to the NLRB last year were invalid.

The court said the president did not have the authority to make these recess appointments because the Senate was not technically in recess at the time. The Constitution allows the president to make appointments when the Senate is in recess, but the appointment expires with the end of the congressional session.

The ruling meant that the NLRB does not have the required quorum to make decisions, casting doubt on its actions and rulings since the appointments were made in January 2012.

In a brief statement issued on Tuesday the board said it would seek Supreme Court review rather than asking the appeals court to rehear the case.

The board's opening brief to the Supreme Court is due on April 25.





Latest News

Deliver your message anywhere, anytime.
Campaign Websites reinforce your campaign message in a format that preserves employee anonymity


Union Awareness Program
PTI Labor Research has been obtaining and analyzing union activity and petitions for over 20 years. We have the largest and most extensive research data in the country which has been utilized by thousands of companies, labor lawyers and consultants.


About Us          |          Services          |          News          |          Clients          |          FAQ          |          Contact Us

© 2009 PTI Labor Research. All Rights Reserved