Third Circuit Joins DC Circuit in Condemning NLRB Intrasession Recess Appointments; Casts Doubt on Validity of Other Recess Appointees' Decisions | Practical Law
The US Court of Appeals for the Third Circuit held in NLRB v. New Vista Nursing & Rehabilitation that President Obama's March 27, 2010 recess appoinment of National Labor Relations Board (NLRB) Member Craig Becker was invalid, and vacated a challenged NLRB decision for lacking a full, three-member panel of the NLRB when the decision was made.