The U.S. Court of Appeals for the D.C. Circuit has held that a National Labor Relations Board decision regarding a collective bargaining agreement violation is invalid, according to an AHA News report.
Noel Canning in Yakima, Wash., petitioned an NLRB decision that found the company in violation of the National Labor Relations Act due to its refusal to write and execute a collective bargaining agreement reached with Teamsters Local in Washington, D.C.
The court vacated the decision of the NLRB on the grounds that the board did not have quorum at the time the decision was made because three of its members were not validly appointed.
The court, in a unanimous decision, held that President Obama invalidly used his recess appointment authority to appoint members to the board without Senate approval on Jan. 4. The court held that the president can only make appointments for vacancies that arise during an official recess of the Senate and that the period for which the president made the appointments was not an official recess.
If the ruling stands, it could invalidate all NLRB decisions made since Jan. 4, according to the report.
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Noel Canning in Yakima, Wash., petitioned an NLRB decision that found the company in violation of the National Labor Relations Act due to its refusal to write and execute a collective bargaining agreement reached with Teamsters Local in Washington, D.C.
The court vacated the decision of the NLRB on the grounds that the board did not have quorum at the time the decision was made because three of its members were not validly appointed.
The court, in a unanimous decision, held that President Obama invalidly used his recess appointment authority to appoint members to the board without Senate approval on Jan. 4. The court held that the president can only make appointments for vacancies that arise during an official recess of the Senate and that the period for which the president made the appointments was not an official recess.
If the ruling stands, it could invalidate all NLRB decisions made since Jan. 4, according to the report.
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