House Approves Bill to Suspend NLRB Activity Requiring 3-Member Quorum

The U.S. House of Representatives has voted to approve legislation that would require the National Labor Relations Board to cease all activity requiring a three-member quorum until either more board members are confirmed by the Senate, the Supreme Court rules on the constitutionality of three appointments to the board, or the congressional session ends, according to an AHA News Now report.

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The legislation would also prohibit the board from enforcing any action taken after January 2012 or making interagency appointments that require a quorum.

At the heart of the issue is whether President Obama validly used his recess appointment authority to appoint three members to the board on Jan. 4, 2012 without Senate approval. The D.C. Circuit Court of Appeals found the appointments to be invalid. Last month, the board said it intends to ask the Supreme Court to review the Court of Appeals ruling. If the ruling stands, it could invalidate all NLRB decisions made since the appointees joined the board. If the Supreme Court takes up the case, it will most likely be heard in the term beginning October 2013.

More Articles on the NLRB:

UPMC Negotiating Settlement for NLRB Complaint
Prime Healthcare Defies NLRB Rulings After Court Invalidates Obama’s Appointments
UPMC Settles NLRB’s 80 Charges of Unfair Labor Practices

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