3rd Circ. Finds NLRB Recess Appointment Of Becker Invalid
By Abigail Rubenstein
Law360, New York (May 16, 2013, 12:51 PM EDT) -- Agreeing with the D.C. Circuit that recess appointments can be made only during the intersession break between Senate sessions, the Third Circuit ruled Thursday that the president's intrasession recess appointment of Craig Becker to the National Labor Relations Board was invalid, putting the validity of even more labor board decisions into doubt.
Finding in a 2-1 decision that Becker's March 2010 appointment to the board was not valid, the appeals court struck down an April 2011 ruling issued by Becker and two other then-board members finding...