Today's post was shared by WSJ Law Blog and comes from blogs.wsj.com
President Barack Obama exceeded his authority in appointing three National Labor Relations Board members during a brief Senate break in 2012, the Supreme Court ruled on Thursday, holding that presidents may only exercise their appointment powers during recesses of 10 or more days.
WSJ’s Jess Bravin and Melanie Trottman have a break down of the decision:
The decision provides a narrow win for employers who contested the validity of labor board rulings made by the recess appointees. But by a 5-4 vote, the court refused to virtually eliminate the president’s power to fill vacancies when the Senate wasn’t transacting business, as a lower court had done.The case came from a labor dispute involving a Pepsi bottler in Washington State, the Noel Canning unit of Noel Corp., which contested a National Labor Relations Board ruling that it had unlawfully refused execute a collective bargaining agreement with a labor...