NLRB Asks 3rd Circ. To Rehear Recess Appointment Case

Law360, New York (July 2, 2013, 5:36 PM EDT) -- The Third Circuit's recent decision that a former National Labor Relations Board member's recess appointment was invalid viewed the president's recess appointment power too narrowly and threatens to saddle courts with burdensome new obligations to examine agency authority, the board said Monday in a rehearing petition.

The NLRB's bid for a rehearing or a rehearing en banc challenges the Third Circuit's 2-1 opinion from May 16 that struck down an August 2011 ruling issued by Craig Becker and two other then-board members finding that New Vista...
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