Another Court Finds NLRB Recess Appointments Invalid, New Members Nominated

The U.S. Court of Appeals for the Fourth Circuit agreed with two other courts July 17 by ruling the president violated the Constitution when he bypassed the U.S. Senate to make recess appointments to the National Labor Relations Board (NLRB). 
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Nominations of Illegal NLRB Recess Appointees Withdrawn As Part of Senate Deal

As part of a deal to avert a “nuclear option” to end filibuster rules in the U.S. Senate, the nominations of Richard Griffin and Sharon Block to the NLRB were withdrawn. Griffin and Block were two of the members illegally recess appointed to the board by President Obama in 2012. They were renominated by the president in February. 
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U.S. Supreme Court Will Hear NLRB “Recess” Appointment Case

The U.S. Supreme Court announced on June 24 that it will be reviewing a lower court ruling that President Obama’s early 2012 “recess” appointments of three members to the National Labor Relations Board (NLRB) were unconstitutional. The court likely will hear the case this fall.
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Second U.S. Appeals Court Invalidates NLRB Poster Rule

The National Labor Relations Board’s (NLRB) August 2011 “Notification of Employee Rights” rule was struck down by the U.S. Court of Appeals for the Fourth Circuit on June 14, making it the second appellate court to invalidate the rule this year. 
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Senators, Employer Groups Make Case to Supreme Court on NLRB Recess Appointments

All 45 Senate Republicans, the ABC-led Coalition for a Democratic Workplace and the U.S. Chamber of Commerce have filed friend-of-the-court briefs asking for the U.S. Supreme Court to uphold a lower court ruling that President Obama’s recess appointments to the NLRB were unconstitutional. 
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Appeals Court Declares Another NLRB Recess Appointment Invalid

The U.S. Court of Appeals for the Third Circuit May 16 ruled that President Barack Obama’s recess appointments to the National Labor Relations Board (NLRB) between March 2010 and January 2012 were unconstitutional. The ruling, which supports a Jan. 25 decision by the U.S. Court of Appeals for the D.C. Circuit invalidating the January 2012 recess appointments of Democrats Sharon Block and Richard Griffin, also invalidates the March 2010 recess appointment of Craig Becker. 
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U.S. Appeals Court Invalidates NLRB Poster Rule

ABC May 7 welcomed a decision by the U.S. Court of Appeals for the D.C. Circuit to invalidate the National Labor Relations Board’s (NLRB) “Notification of Employee Rights” notice posting rule. A three-judge panel struck down the 2011 rule, primarily on the grounds that it violated free speech rights afforded to employers under the National Labor Relations Act (NLRA). 
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NLRB Appeals Recess Appointment Decision to U.S. Supreme Court

The NLRB April 25 filed a petition with the U.S. Supreme Court to appeal a Jan. 25 ruling that the 2012 presidential recess appointments of three members to the board were unconstitutional. 
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House Passes Bill to Limit NLRB Actions and Relieve Uncertainty

The U.S. House of Representatives April 10 voted 219-209 to pass a bill that would stop all NLRB activity that requires a three-member quorum until the legal disputes involving the board are resolved.
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ABC Calls Out NLRB, DOL Actions and PLAs During House Hearing

ABC Vice President of Federal Affairs Geoff Burr April 10 testified before the U.S. House of Representatives Appropriations Labor, Health and Human Services subcommittee during a hearing, “Regulatory Approaches to Foster Economic Growth.” In his testimony, Burr spoke on behalf of ABC and the ABC-led Coalition for a Democratic Workplace (CDW) about burdensome regulations and policies.
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