In January 2013, one year after President Obama made three so-called recess appointments to the National Labor Relations Board (NLRB), the D.C. Circuit Court of Appeals held that those appointments were unconstitutional and that, therefore, the board lacked the required three-member quorum to issue an order finding that an employer committed an unfair labor practice. The Circuit Court's decision will likely have far-reaching effects on modern labor law.
A Cloud of Uncertainty Over NLRB Decisions
New Jersey Law Journal
April 19, 2013
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