NLRB v New Vista Nursing

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Appointment Of A Board Member By The President Without Senate Consent Is Invalid And Therefore Rulings By A Three-Member Delegee...

In National Labor Relations Board v. New Vista Nursing and Rehabilitation (--- F.3d ----, C.A.3, May 16, 2013), the United States Court of Appeals considered the validity of a ruling by the National Labor Relations Board...more

The Third Circuit Rules President Obama’s 2010 NLRB Recess Appointment Was Invalid

Dealing yet another blow to the National Labor Relations Board (“NLRB” or “Board”), on May 16, 2013, the Third Circuit Court of Appeals ruled that President Obama’s 2010 recess appointment of Craig Becker to the NLRB was...more

Third Circuit Joins DC Circuit In Invalidating NLRB Recess Appointment

On May 16, the U.S. Court of Appeals for the Third Circuit held that an appointment to the National Labor Relations Board (NLRB) made by President Obama in March 2010 during a purported Senate recess was unconstitutional and...more

Third Circuit hears oral argument in another NLRB case challenging recess appointments

“Can we duck the [recess appointments] issue?” That question was asked yesterday by one of the members of the three-judge panel hearing oral argument on the National Labor Relation Board’s application to enforce its order in...more

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