The National Labor Relations Board plans to ask the U.S. Supreme Court to review a ruling by the D.C. Circuit Court of Appeals that found three NLRB appointments to be invalid, according to an AHA News Now report.
On Jan. 4, the circuit court, in a unanimous decision, held that President Obama invalidly used his recess appointment authority to appoint three members to the board without Senate approval.
If the ruling stands, it could invalidate all NLRB decisions made since the appointees joined the board due to lack of a legally required quorum. If the Supreme Court takes up the case, it will likely be heard in the term beginning October 2013, according to the report.
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On Jan. 4, the circuit court, in a unanimous decision, held that President Obama invalidly used his recess appointment authority to appoint three members to the board without Senate approval.
If the ruling stands, it could invalidate all NLRB decisions made since the appointees joined the board due to lack of a legally required quorum. If the Supreme Court takes up the case, it will likely be heard in the term beginning October 2013, according to the report.
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