Companies challenge NLRB actions, citing recess appointee ruling

The Wall Street Journal reports that dozens of companies, including Starbucks, Time Warner, Dominos and McDonalds, are challenging actions by the National Labor Relations Board by citing a recent an Appeals Court ruling that determined the current board lacks a constitutionally-appointed quorum.

The court found that President Obama exceeded his power to make recess appointments last year when he put three people on the board. Presidents have the power to make such appointments only when the Senate isn’t available to confirm them. The Senate wasn’t even technically in recess at the time. The White House rushed the appointees through so quickly the Senate never even had the time to hold a hearing on them.