A January 25 decision by the U.S. Court of Appeals for the D.C. Circuit declared unconstitutional President Obama’s most recent recess appointments to the National Labor Relations Board. Under this decision, Noel Canning v. NLRB, No. 12-115 (D.C. Cir. Jan. 25, 2013), two of the three current board members lacked authority to issue decisions for the board and lacked that authority since January 2012. During that period, more than 300 board decisions were issued, including several noteworthy decisions that expanded the scope of the National Labor Relations Act (NLRA) and declared unlawful some significant workplace policies of both union and nonunion companies.
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