NLRB Update: The D.C. Court of Appeals Rules That President Obama's Recess Appointments to the NLRB Were Unconstitutional

in Labor, Publications

On Friday, January 25, 2013, the D.C. Circuit Court of Appeals ruled that President Obama violated the U.S. Constitution when he made three “recess” appointments to the National Labor Relations Board on January 4, 2012. This means that for more than 12 months (since January 3, 2012), the NLRB has lacked the necessary quorum of three members to lawfully take action. Unless the U.S. Supreme Court reverses the D.C. Circuit Court’s opinion, all decisions made by the NLRB after January 3, 2012, are arguably invalid. . . 2013 – NLRB Update- The D.C. Court of Appeals Rules That President Obama’s Recess Appointments to the NLRB Were Unconstitutional