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NLRB v. New Vista Nursing and Rehabilitation (3d Cir. 2013)

Articles Discussing Case:

Legal Alert: Another Federal Court Invalidates the Recess Appointment of an NLRB Member

FordHarrison LLP • May 21, 2013
Executive Summary: In a 2-1 decision, the Third Circuit has held that the President's recess appointment of Craig Becker to the National Labor Relations Board was invalid because he was not appointed during an intersession break of Congress as required by the Recess Appointments Clause. Accordingly, the court held that a three-member panel of the Board, which included Becker, could not exercise the Board's authority, and the court vacated an unfair labor practice decision issued by the panel.

Third Circuit Invalidates President Obama’s Appointment of former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB Recess Appointments Unconstitutional

Franczek Radelet P.C • May 17, 2013
In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National Labor Relations Board were unconstitutional because they did not occur during an intersession recess of the Senate. Yesterday, the Third Circuit invalidated the earlier recess appointment of former NLRB Member Craig Becker and became the second appellate court to rule that President Obama’s recess appointments to the Board were unconstitutional.