Law360, New York (February 25, 2013, 5:09 PM ET) -- The National Labor Relations Board said Friday that the Fifth Circuit doesn't need to address the validity of ex-NLRB member Craig Becker's recess appointment when it rules on whether a D.R. Horton arbitration pact banning class proceedings violated labor law.
The NLRB and D. R. Horton Inc. both filed supplemental letter briefs in response to a Fifth Circuit order that came in the aftermath of the D.C. Circuit's Jan. 25 Noel Canning ruling, which said that President Barack Obama's recess appointments of three NLRB members were...