Invalid Appointments Void NLRB Ruling, DC Circ. Told

Law360, New York (September 20, 2012, 3:31 PM EDT) -- The National Labor Relations Board lacked the quorum it needed to act when it ruled against a Noel Corp. unit in February because three so-called recess appointments made to the NLRB the month before were invalid, the company told the D.C. Circuit on Wednesday.

Soft drink bottler and distributor Noel Canning, the U.S. Chamber of Commerce and the Coalition for a Democratic Workplace filed a joint brief arguing that President Obama didn't have the power to make the Jan. 4 recess appointments because the Senate was...
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