In the wake of the Jan. 25 federal court ruling invalidating three of President Barack Obama’s recess appointments to the National Labor Relations Board, corporations are left in a cloud of doubt. In fact, the “only certainty is there’s a tremendous amount of uncertainty,” veteran appellate attorney Andrew Pincus told Texas Lawyer affiliate CorpCounsel.com on Jan. 28.
The court decision leaves companies wondering how to handle pending NLRB appeals, whether to appeal recent rulings, and even whether to reopen cases that closed in 2012 under what has now been ruled an illegal board, said Pincus, a partner in Mayer Brown in Washington, D.C.
