Supreme Court Victory in Challenge to NLRB "Recess Appointments"

Today, the U.S. Supreme Court ruled on a case challenging the validity of three “recess appointments” President Obama made to the National Labor Relations Board (NLRB) in January 2012.  The court ruled unanimously that President Obama violated the Recess Appointments Clause of the Constitution. The case was challenged with the help of the AGC-supported Coalition for a Democratic Workplace (CDW) and the U.S. Chamber of Commerce. The decision will affect the status of hundreds of cases that were deemed to have been decided by invalid board members of the NLRB. The Board is expected to now reconsider those cases, along with potentially reconsidering other acts, such as appointments of regional directors and other NLRB officials that were taken during this time. AGC will be analyzing the decision and will keep you updated on the impact of today’s decision. For more information, please contact Jim Young at (202) 547-0133 or youngj@agc.org.