Unconstitutional NLRB Picks Gut Union Lobbying Ruling: NAM

Law360, New York (February 20, 2013, 5:57 PM EST) -- The unconstitutional recess appointments of two National Labor Relations Board members deprived the board of the authority to rule in December that unions can charge nonmember objectors for political lobbying expenses, the National Association of Manufacturers said Tuesday.

The NLRB’s Dec. 14 decision was invalid because, according to the D.C. Circuit’s blockbuster Noel Canning ruling, two of the three NLRB members in the majority were appointed unconstitutionally, NAM said in an amicus brief. The NLRB decision, which came in a battle between a health care workers...
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