For the past year, the NLRB has issued a large number of decisions on a multitude of issues. After today’s 47-page ruling [pdf] from DC Circuit Judges David B. Sentelle, Karen LeCraft Henderson and Thomas B. Griffith, those decisions are now invalid.
The Court held that President Obama’s January 4, 2012 recess appointments of Sharon Block, Terence F. Flynn and Richard E. Griffin to the labor relations board were an unconstitutional exercise of presidential power and contrary to the “purpose of the Framers in the careful separation of powers structure.”
President Obama moved to appoint the new NLRB members while the Senate was away for the holiday break after Senate Republicans had been working to deny the President the ability to nominate the members who they believed to be “pro labor.”
The decision acknowledges that it conflicts with other federal appeals court decisions concerning recess appointments. As a result, it will likely be ultimately decided by the Supreme Court.