The recent appellate court ruling that recent recess appointments by Pres Obama to the NLRB were illegal puts the validity of many decisions made by those appointees into question.
Will they be reversed?
Will all the issues have to be reviewed and re-litigated when new members are appointed?
By ruling that Mr. Obama’s three recess appointments last January were illegal, the federal appeals court ruling, if upheld, would leave the board with just one member, short of the quorum needed to issue any rulings.
The Obama administration could appeal the court ruling, but no announcement was made on Friday.
If the Supreme Court were to uphold Friday’s ruling, issued by the United States Court of Appeals for the District of Columbia Circuit, it would mean that the labor board did not have a quorum since last January and that all its rulings since then should be nullified.
The NLRB in the meantime intends to continue, will this exacerbate the problem or will the courts intervene to stop NLRB actions until the matter is resolved?
“In the meantime, the board has important work to do,” said Mr. Pearce, whose agency oversees enforcement of the laws governing strikes and unionization drives. “We will continue to perform our statutory duties and issue decisions.”
Unless the Senate confirms future nominees to the board — Senate Republicans have blocked several of Mr. Obama’s board nominees — Mr. Pearce will be the only member left if Friday’s ruling is upheld. The board has five seats.
Will the SCOUTUS hear this matter in an expedited way?