A federal court just ruled that the President violated the Constitution when he filled vacancies on the National Labor Relations Board.
The move could invalidate several months of controversial NLRB decisions and cause procedural snafus and legal wrangling for months to come.
The court concluded that the President overstepped his authority when he used so-called “recess appointments” to fill the NLRB vacancies. The President contended that the appointments were appropriate because the Senate was out for the holiday season. The court concluded, however, that the Senate was still technically in session due to Senators “gaveling in and out” for “pro forma” sessions throughout the holidays. Republican Senators utilized that specific tactic in hopes that it would prevent the President from making the appointments.
Here’s the NLRB’s official response to the ruling. Not surprisingly, the Administration is expected to appeal.
Here’s the U.S. Chamber of Commerce’s take.
Stay tuned for more. We’ll discuss what this means for employers in my webinar next week.