On June 26, 2014, the Supreme Court, in a 9-0 decision, ruled that President Obama violated the Constitution by circumventing the Senate to name appointees to the National Labor Relations Board (NLRB). Four of the Justices would have further limited the President’s appointment power.
The Supreme Court’s ruling means that hundreds of decisions made by the NLRB will be called into question. The new five member Board may have to revisit those cases.
For additional information, please contact any member of our Labor & Employment team.