Friday, January 25, 2013

Court of Appeals Rules President's NLRB Appointments Unconstitutional


The US Court of Appeals for the DC Circuit today ruled that President Obama's recess apointments to the National Labor Relations Board "were constitutionally invalid."  According the the Court, the President acted unconstitutionally in the way he filled the vacancies on the NLRB. 

This has the potential to cause even more confusion on the NLRB's position regarding social media issues in the workplace.  Of course, more broadly, there will be procedural and precedential quandaries regarding all the actions by the Board since the time the appointments were made.