The DC Circuit Court of Appeals issued a ruling earlier this morning that calls into question hundreds of National Labor Relations Board decisions issued in 2012. Douglas Hass of law firm Franczek Radelet explains:
“The U.S. Court of Appeals for the D.C. Circuit ruled this morning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National Labor Relations Board were unconstitutional because they did not occur during an intersession recess of the Senate. Without those three members, the court held that the Board did not have a quorum and could not act lawfully.”
Sound serious? It is. From FordHarrison:
“While the NLRB likely will appeal this decision, if it stands it could have a far-reaching impact, invalidating hundreds of Board decisions issued over the past year. The decision also casts questions on the President’s appointment of Richard Cordray to the Consumer Financial Bureau on January 4, 2012, which has been challenged in a separate proceeding.”
In plain English: every single NLRB decision since January 3, 2012 – and there have been hundreds – could be declared invalid if today’s ruling is not overturned.
Watch this space for commentary and analysis on the ruling as it comes in. In the meantime, here’s a copy of the ruling for your weekend reading:
See the Twitter reaction to the news, on Storify>>
- Appellate Court holds NLRB Recess Appointments unconstitutional; status of hundreds of NLRB rulings in doubt – Saul Ewing LLP
- D.C. Circuit Appeals Court Rules NLRB Recess Appointments Invalid – K&L Gates LLP
- Recess Appointments To Board Invalid – Summary Of Affected Decisions – Akerman Senterfitt
- D.C. Circuit Invalidates NLRB Recess Appointments, Creating Period of Uncertainty for Employers – Littler
- Court’s Ruling That NLRB Appointments Were Invalid Introduces Uncertainty Going Forward – Proskauer Rose LLP
- NLRB Appointments are “Constitutionally Invalid” – Dinsmore & Shohl LLP
- D.C. Court of Appeals Rules NLRB Recess Appointments Were Unconstitutional; Calls into Question Hundreds of Decisions Issued Last Year -Franczek Radelet P.C.
- Court Finds President’s Recess Appointments to NRLB Unconstitutional – FordHarrison
- NEWS FLASH: DC Circuit holds NLRB recess appointments invalid – Ballard Spahr LLP
- D.C. Circuit Holds Recess Appointments to NLRB Invalid – Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Court Rules Recess Appointments To NLRB Unconstitutional, More Uncertainty To Follow – Proskauer
- Act Now Advisory: NLRB Recess Appointments “Invalid From Their Inception” and “Void” for Lack of Constitutional Authority Rules the D.C. Circuit – Epstein Becker & Green, P.C.
- DC Circuit Court of Appeals Throws Out Recess Appointments to the NLRB – Spencer Fane Britt & Browne, LLP
- The Second Obama Term: NLRB Outlook – Morgan Lewis
- D.C. Court of Appeals may soon invalidate President Obama’s NLRB recess appointments: implications for CFPB – Ballard Spahr LLP
- Seventh Circuit dismisses NLRB recess appointment challenge – Ballard Spahr LLP
- Oral Arguments Heard Over Validity Of Recess Appoints Of NLRB Members – Proskauer
- Oral argument held in case challenging NLRB recess appointments – Ballard Spahr LLP
For more on the ruling, visit JD Supra Law News>>Google+