The NLRB Puts Its Thumb On The Scale

President Obama's recess appointments of three members to the National Labor Relations Board were unconstitutional, held the United States Court of Appeals for the District of Columbia Circuit in Noel Canning Div. of Noel Corp. v. NLRB (1/25/2013).  According to the D.C. Circuit, a President's power to make recess appointments to federal agencies applies only during an "intercession" recess of the Senate, and not during adjournments of the Senate during the term of its session.  By appointing members Sharon Block, Terence Flynn, and Richard Griffin during intrasession breaks, the President exceeded his authority under the Constitution.

Obama Administration Promises Appeal And Business As Usual At NLRB