Stay informed and ready to meet both everyday challenges and long-term planning and policy-making goals, with focused news, practical information, and strategic insights on all HR-related developments.
The U.S. Court of Appeals for the Third Circuit in a 2-1 decision held May 16 that President Obama's recess appointment of Craig Becker as a member of the National Labor Relations Board during a March 2010 intrasession Senate break was invalid and that a board panel including Becker lacked a valid quorum to issue a bargaining order to a New Jersey nursing facility (NLRB v. New Vista Nursing & Rehab., 3d Cir., No. 11-3440, 5/16/13).
Writing for the majority, Judge D. Brooks Smith said the recess appointment power of the president described in the U.S. Constitution applies only during an “intersession” recess of the Senate, between the first and second sessions of a biennial Congress, not during intrasession adjournments.
Therefore, the Third Circuit ruled, a three-member panel that included Becker acted without power and lacked jurisdiction when it issued an August 2011 decision and order requiring New Vista Nursing and Rehabilitation in Newark, N.J., to bargain with 1199 SEIU United Healthcare Workers East as the bargaining agent for its licensed practical nurses.
Judge Franklin S. Van Antwerpen joined in the majority opinion.
In dissent, Judge Joseph A. Greenaway said although the majority did not rule on the Jan. 4, 2012, recess appointments of Members Sharon Block, Terence Flynn, and Robert Griffin, it presumably would find those appointments likewise invalid. “The Majority's rationale undoes an appointment process that has successfully operated within our separation of powers regime for over 220 years,” Greenaway wrote.
This is the second federal appeals court to rule that recess appointments of NLRB members were unconstitutional. The U.S. Court of Appeals for the District of Columbia Circuit held in Noel Canning Division of Noel Corp. that Obama's recess appointments of Block, Flynn, and Griffin were invalid and that the board lacked a valid quorum to support an unfair labor practice order against a Washington bottling firm (31 HRR 65, 1/28/13).
NLRB April 25 filed a petition asking the U.S. Supreme Court to review the Noel Canning decision (31 HRR 428, 4/29/13).
The Third Circuit decision is at http://www.bloomberglaw.com/public/document/New_Vista_Nursing_and_Rehabili_v_NLRB_Docket_No_1201936_3d_Cir_Ap/3.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)