NLRB To Take Recess Appointment Battle To High Court

Law360, New York (March 12, 2013, 10:09 PM EDT) -- The National Labor Relations Board said Tuesday that it would turn to the U.S. Supreme Court for clarity in the aftermath of a D.C. Circuit ruling that said three recess appointments to the embattled labor board were invalid and threw its authority to act into question.   

The board will forgo seeking en banc review of the Jan. 25 decision in Noel Canning v. NLRB, which said the Jan. 4, 2012, recess appointments of Terence Flynn, Richard Griffin and Sharon Block were unconstitutional. It will instead bring...
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