NLRB Nixes Challenge To Ohr's Appointment As Premature

Law360 (March 2, 2021, 5:59 PM EST) -- The National Labor Relations Board has weighed in for the first time on a challenge to the legality of the appointment of the board's acting general counsel, dodging a ruling on the substance of the issue by saying a shipping company made its arguments prematurely.

The unanimous three-member panel's order Monday denied H&M International Transportation Inc.'s request to file a special appeal of an administrative law judge's decision rejecting its motion to dismiss the case against it. The company had argued the case should be dismissed because acting NLRB general counsel Peter Sung Ohr was unlawfully appointed and therefore powerless to...

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