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3rd Circuit rules 2010 Obama recess appointment invalid

Decision adds fire to similar D.C. Circuit ruling

The D.C. Circuit now has an ally in its recent industry-shaking declaration that President Obama’s recess appointments to the National Labor Relations Board (NLRB) in January 2012 are invalid. On Thursday, the 3rd Circuit said the same thing about an appointment made two years earlier.

The case, NLRB v. New Vista, concerned Obama’s March 2010 appointment of Craig Becker during a two-week Senate break. This type of break is known as an “intrasession” break, whereas intersession breaks are when the Senate is between sessions. The president has the power to appoint senior federal officials while the Senate is in recess, but in this 2-1 opinion, the 3rd Circuit found that “the ‘recess of the Senate’ means only intersession breaks.”

The court found that Obama had no authority to appoint Becker, and therefore the NLRB’s decision in New Vista—that a nursing home operator had not engaged in collective bargaining with a healthcare workers’ union—was invalid.

Read more at Thomson Reuters.


For more InsideCounsel coverage of the NLRB, see below:

D.C. Circuit invalidates NLRB posting requirement

SuperConference panel discusses the state of labor in the age of Obama

Labor: The NLRB will not be ignored

Target handbook unlawfully discouraged union activity, NLRB says

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