Supreme Court Invalidates NLRB Recess Appointments

Last week the U.S. Supreme Court issued its highly anticipated decision in Noel Canning v. NLRB. Affirming the D.C. Circuit's January 2013 ruling in favor of beverage distributor Noel Canning, the Court held that President Obama's January 2012 recess appointments to the National Labor Relations Board were unconstitutional because the Congressional recess was of insufficient length.     

The three recess appointments at issue – Members Sharon Block, Terence Flynn, and Richard Griffin – occurred on January 4, 2012, during an intra-session recess while the Senate was operating in pro forma sessions, meeting every third business day.  Continue reading this article here.

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