Philadelphia Construction Law Blog

The DC Circuit Court of Appeals held in January that President Obama’s 2010 recess appointment of Craig Becker to the National Labor Relations Board was unconstitutional. In so doing, the Court concluded that valid recess appointments can only occur in intersession breaks of the Senate.

The D.C. Circuit Court of Appeals recently ruled in favor of a local business, Lehigh Valley Racket and Fitness Centers, and struck down a National Labor Relations Board rule requiring the posting of union organization posters at its workplace.  The decision comes on the heels of a prior ruling by the D.C. Circuit declaring President Obama’s “recess” appointments to the National Labor Relations Board unconstitutional and marks another setback for the NLRB.

In a May 14, 2012, Memorandum Opinion, the United States District Court for the District of Columbia struck down an NLRB rule that was designed to significantly change the manner in which elections over union representation in businesses would take place. The rule was published on December 22, 2011, and went into effect in Pennsylvania, New Jersey, and every other state in the union on April 30th of this year.