Entergy Urges 5th Circ. To Reject NLRB Recess Appointments

Law360, New York (June 7, 2013, 3:36 PM EDT) -- Entergy Mississippi Inc. on Wednesday urged the Fifth Circuit to join the D.C. Circuit and the Third Circuit in striking down the president's recess appointments to the National Labor Relations Board as unconstitutional, maintaining that such appointments can only occur during an intersession recess.

Entergy is appealing the board's ruling that the company's transmission and distribution dispatchers were employees and not supervisors, and were therefore properly included in a collective bargaining unit. And in a reply brief lodged Wednesday, the company asserted that because the recess appointments were...
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