DC Circ. Says Obama's NLRB Recess Appointments Invalid

Law360, New York (January 25, 2013, 12:40 PM EST) -- President Barack Obama's controversial recess appointments to the National Labor Relations Board last January were “constitutionally invalid” because Congress was in session at the time, the DC Circuit said Friday, siding with a soft drink bottler who claimed the board lacked the quorum it needed to decide cases.

Noel Corp. unit Noel Canning challenged a Feb. 8 NLRB order that said the company had committed an unfair labor practice by failing to enter into a collective bargaining agreement with Teamsters Local 760, arguing that the labor...
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