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Hooks v. Kitsap Tenant Support Services, Inc., No. 13-5470 (W.D. Wash. Aug. 13, 2013)

Articles Discussing Case:

Legal Alert: Federal Court Finds NLRB Acting General Counsel Solomon's Appointment Invalid

FordHarrison LLP • August 30, 2013
Executive Summary: A federal trial court in Washington state has held that the President violated the Federal Vacancies Reform Act (5 U.S.C. § 3345, et. seq.) when he appointed Lafe Solomon as Acting General Counsel for the National Labor Relations Board (the Board) on June 21, 2010. See Hooks ex rel. NLRB v. Kitsap Tenant Support Servs. (W.D. Wa. 2013). Given that Solomon was improperly appointed, the court also held that neither he nor Regional Director Hooks had the authority to issue an unfair labor practice complaint against the employer. Furthermore, without a valid complaint, Hooks was without the authority to file for a § 10(j) preliminary injunction.