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

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.