The NLRB has been at the center of dispute regarding the validity of three recess appointments made by the president to the Board in January 2012. The Board intends to ask the U.S. Supreme Court to review a January 2013 ruling by the D.C. Circuit Court of Appeals, which found the three NLRB appointments to be invalid. If the court’s ruling stands, it could invalidate all NLRB decisions made since the appointees joined the board in January of last year, due to the lack of a legally required quorum.
A House committee voted to approve legislation that would require the Board to cease activity requiring a three-member quorum until either more board members are confirmed by the Senate, the Supreme Court rules on the validity of the three appointments made by the President to the board, or the congressional session ends.
These nominations to be made by the president — along with the Board’s other two members, whose recess appointments were invalidated by the D.C. Circuit Court of Appeals — are now awaiting Senate confirmation, according to the report.
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