DOJ Says NLRB Recess Appointment Ruling Unconstitutional

Law360, New York (March 4, 2013, 5:04 PM EST) -- The U.S. Department of Justice told the Third Circuit on Thursday that the D.C. Circuit's blockbuster Noel Canning decision is inconsistent with the U.S. Constitution and appellate precedent, backing the National Labor Relations Board in a battle with New Vista Nursing & Rehabilitation LLC.

The DOJ and NLRB said in a supplemental brief that New Vista, which the NLRB accuses of violating labor law by refusing to bargain with a nurses union, had forfeited any challenges based on the Jan. 25 Noel Canning ruling. Those “belated”...
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