The Fourth Circuit Court of Appeals ruled yesterday in two cases that President Obama’s recess appointments to the National Labor Relations Board were invalid, and therefore, the NLRB did not have a quorum when it issued rulings in the two cases before it. The cases are Huntington Ingalls Incorporated v. National Labor Relations Board and National Labor Relations Board v. Enterprise Leasing Company Southeast, LLC. The decision relies heavily on the D.C. Circuit Court’s Noel Canning decision and the Third Circuit’s New Vista Nursing decisions. Jackson Lewis is analyzing the decision and will provide a more extensive analysis.
