This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Labor/Employment

Jan. 29, 2013

Recess appointments to NLRB ruled unconstitutional

In vacating a decision from the NLRB, the DC Circuit Court of Appeals fround that the early January 2012 appointments didn't occur during a "recess" as defined by the constitution.


By Laura Hautala


Daily Journal Staff Writer


A federal appellate court opinion invalidating recess appointments to the National Labor Relations Board casts uncertainty over NLRB decisions from the past 13 months and could have a far-reaching impact on employment litigation in California and nationwide. Labor and employment attorneys expect the U.S. Supreme Court to review the decision.


As recently as December, the NLRB issued decisions dramatic...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up