The U.S. Court of Appeals for the D.C. Circuit issued a ruling last week that has tremendous impact on businesses and labor relations.
In Noel Canning v. NLRB, the appeals court invalidated President Obama’s appointment of three members to the National Labor Relations Board. The court held that the purported “recess” appointments, which led to a number of pro-union decisions, violated the U.S. Constitution because they were made when the Senate was not actually in recess, for vacancies that did not occur during the Senate’s recess.
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