Bottler Asks DC Circ. To Crush Obama's Recess NLRB Picks

Law360, Washington (December 5, 2012, 4:22 PM EST) -- Soft drink bottler Noel Canning Corp. and several Republican senators told the D.C. Circuit on Wednesday that President Barack Obama had improperly used his recess appointment powers to fill National Labor Relations Board vacancies in January even though the U.S. Senate was holding pro forma sessions and conducting business.

While the president can make temporary appointments without congressional oversight during Senate recesses, the senators, bottler/distributor and the Coalition for a Democratic Workplace claimed the Senate wasn't in a recess when Obama appointed two new NLRB members....
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