Ruling on NLRB recess appointments could void 1,569 cases

Published May 13, 2013 4:00am ET



Or about 673 published decisions and 896 unpublished ones. That is the conclusion reached by a National Right To Work Legal Foundation study of cases where the National Labor Relations Board reached a ruling without having a valid legal quorum.

An cppeals court ruled in the January case Noel Canning v. NLRB that President Obama’s use of recess appointments to fill the board was unconstitutional. With those appointments retroactively invalidated, that meant the board has lacked a valid quorum since at least January 2012, when Obama made three recess appointments, including two of the board’s current members.

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