D.C. Court Wreaks Havoc on NLRB Pro-Worker Cases [Video]
From the Lawyers.com newsroom, Editor-in-Chief Larry Bodine explains how a D.C. appellate court is jeopardizing workplace rights.
In Noel Canning v. NLRB, the U.S. Court of Appeals for the D.C. Circuit held that President Obama’s three recess appointments to the National Labor Relations Board were unconstitutional. The court vacated an unfair labor practice ruling, on the grounds that the NLRB lacked a legitimate quorum when it issued its decision.
The National Labor Relations Board protects worker’s rights. As one example, the agency has ruled that employees are permitted to discuss workplace issues on social media without the risk of being fired.
But now, all the decisions by the NLRB made during the last year are in doubt.
President Obama had the power to make NLRB appointments while the Senate was in recess for 20 days. However, Larry explains how a Republican senator used a parliamentary trick to create a technicality or legal fiction of the Senate still in session.
The highly politicized D.C. court nullified the president’s appointments, potentially wreaking havoc in the legal system and governmental services. This case would invalidate the NLRB’s pro-employee and pro-union decisions since January 2012.
If this court’s decision were uniformly applied, a Congressional Research Service Report found 329 recess appointments since the start of the Reagan administration would have been invalid.
The U.S. Supreme Court will have to make the final decision on the president’s appointments.
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