On January 13, 2012, the National Federation of
Independent Business announced in a press release that it was seeking to amend
its legal action filed in federal court on September 28, 2011, against the
National Labor Relations Board over its new notice posting regulation, to
include a new claim that the NLRB lacks the authority to enforce the notice
posting regulation inasmuch as the recent recess appointments to the Board by
President Obama violated the U.S. Constitution. The new claim contends
that the Senate was not in recess and therefore the President lacked the
authority to make recess appointments to the Board. Thus, if the President
lacked authority to made the three recess appointments, then the NLRB will be
down to just two Members and unable to function.
Read about additional Labor and Employment
Law Developments by Edwin S. Hopson in
the Wyatt Employment Law
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