Law360, New York (February 18, 2015, 3:02 PM EST) -- An Ohio health center on Wednesday urged a D.C. Circuit panel to toss an employee union certification from the National Labor Relations Board, saying the loss of the board's recess appointments nixed the regional director's power to approve the election.
The University of Cincinnati Health System said since the Supreme Court's decision in NLRB v. Noel Canning invalidated President Barack Obama's recess appointments to the board, the agency's regional director lost the authority to conduct and certify their employee election because the director only had that power while there was a quorum of board members.
Kerry P. Hastings of Taft Stettinius...
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