NLRB Update: Presidential Appointments Ignite Controversy

more+
less-

President Barack Obama’s controversial appointments to the National Labor Relations Board (“NLRB”) have sparked a constitutional firestorm and subsequent legal battle that could potentially alter the makeup of the labor board.

On January 4th, without the Senate’s consent, President Obama appointed three new members to the NLRB as well as the head of the new Consumer Financial Protection Bureau. Under federal law, nominees for the five-member NLRB require Senate confirmation before assuming their posts. The Constitution, however, provides the ability for the president “to fill up all Vacancies that may happen during the Recess of the Senate.” U.S. Const. art. II, § 2. As a result, the president is afforded the power to bypass the Senate and make recess appointments, provided that the Senate is actually in recess.

Please see full Alert below for further information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bradley Arant Boult Cummings LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×