NLRB Must Defend Recess Appointments In Lobbying Case
By Ben James
Law360, New York (February 25, 2013, 2:46 PM EST) -- The D.C. Circuit ordered the National Labor Relations Board on Friday to respond to an ex-union member's claim that the unconstitutional recess appointments of two board members means the NLRB lacks authority to decide a case over whether unions can charge nonmember objectors for political lobbying.
A three-judge panel gave the board 30 days to file a response to Jeannette Geary's Feb. 11 petition for a writ of mandamus or writ of prohibition, which invoked the D.C. Circuit's blockbuster Jan. 25 Noel Canning decision and said...