The National Labor Relations Board was busy in 2012. The Board overturned a number of precedents and began to forge new law applicable to non-union employers.
But three of the five board members were appointed by President Obama on January 4, 2012, when the Senate was supposed to be in "recess." (The federal Constitution empowers the president to make recess appointments.)
The only thing is, the Senate was not in recess, according to the D.C. Circuit. A "recess," the court reasoned, requires a lengthy period, not just a day or two, which was the case in early 2012.
If this decision stands, the NLRB's decisions issued in 2012 likely are invalid. All of 'em.
If you want to read the opinion in Noel Canning v. NLRB, it is here. Otherwise, just take my word for it, k?
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