The Washington DC Court of Appeals recently ruled that President Obama’s three recess appointments to the National Labor Relations Board (NLRB) were unconstitutional. In its ruling, the court agreed with a Washington state family owned business seeking to invalidate the NLRB ruling. The company argued since the Senate was technically not in recess at the time of the appointments, the board had not been legally constituted and that a quorum did not exist. As such, any NLRB decisions would be invalid. While the Administration has vowed to appeal to the US Supreme Court, if the lower court decision is upheld, any NLRB decisions since January 2012 would be invalidated.
To read the Court’s decision click here: