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Appeals Court Declares Another NLRB Recess Appointment Invalid

The U.S. Court of Appeals for the Third Circuit May 16 ruled that President Barack Obama’s recess appointments to the National Labor Relations Board (NLRB) between March 2010 and January 2012 were unconstitutional. The ruling, which supports a Jan. 25 decision by the U.S. Court of Appeals for the D.C. Circuit invalidating the January 2012 recess appointments of Democrats Sharon Block and Richard Griffin, also invalidates the March 2010 recess appointment of Craig Becker. 
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U.S. Appeals Court Invalidates NLRB Poster Rule

ABC May 7 welcomed a decision by the U.S. Court of Appeals for the D.C. Circuit to invalidate the National Labor Relations Board’s (NLRB) “Notification of Employee Rights” notice posting rule. A three-judge panel struck down the 2011 rule, primarily on the grounds that it violated free speech rights afforded to employers under the National Labor Relations Act (NLRA). 
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NLRB Appeals Recess Appointment Decision to U.S. Supreme Court

The NLRB April 25 filed a petition with the U.S. Supreme Court to appeal a Jan. 25 ruling that the 2012 presidential recess appointments of three members to the board were unconstitutional. 
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House Passes Bill to Limit NLRB Actions and Relieve Uncertainty

The U.S. House of Representatives April 10 voted 219-209 to pass a bill that would stop all NLRB activity that requires a three-member quorum until the legal disputes involving the board are resolved.
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ABC Calls Out NLRB, DOL Actions and PLAs During House Hearing

ABC Vice President of Federal Affairs Geoff Burr April 10 testified before the U.S. House of Representatives Appropriations Labor, Health and Human Services subcommittee during a hearing, “Regulatory Approaches to Foster Economic Growth.” In his testimony, Burr spoke on behalf of ABC and the ABC-led Coalition for a Democratic Workplace (CDW) about burdensome regulations and policies.
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ABC Criticizes Obama’s Renomination of NLRB Chairman

ABC April 9 criticized President Obama’s renomination of Mark Pearce to the National Labor Relations Board (NLRB) as a move to promote the narrow policy goals of politically powerful labor unions.  
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House Committee Approves Bill to Limit NLRB Actions

The U.S. House of Representatives Committee on Education and the Workforce March 20 approved a bill that would require the National Labor Relations Board to stop all activity that requires a three-member quorum until the legal disputes involving the board are resolved. 
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NLRB to Seek Supreme Court Review of “Recess” Appointment Decision

The National Labor Relations Board March 12 announced it will file a petition with the United States Supreme Court for review of a Jan. 25 decision by an appeals court, which found President Obama’s “recess” appointment of members to the board in early 2012 was unconstitutional. 
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Court Suspends Appeal of Ambush Elections Rule

The U.S. Court of Appeals for the District of Columbia Circuit Feb. 19 issued an order of abeyance on an appeal of the NLRB controversial “ambush” elections rule by the ABC-led Coalition for a Democratic Workplace. The order suspends consideration of the appeal “pending further order of the court.”  
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ABC Asks Congress to Restrain NLRB After Court Negates Recess Appointments

On Feb. 13, a U.S House of Representatives subcommittee held a hearing on the future of the NLRB following the Jan. 25 decision by an appeals court that President Obama’s recess appointment of members to the board in early 2012 was unconstitutional. The challenge was brought by the ABC-led Coalition for a Democratic Workplace and the ruling invalidates decisions unlawfully made over the past year because the board did not have a quorum.
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