Marathon Pundit: Businesses choosing DC court to circumvent Obama's radical NLRB

Monday, April 15, 2013

Businesses choosing DC court to circumvent Obama's radical NLRB

Early last year, President Obama declared that the Senate was in recess when it wasn't--so he trampled the Constitution and appointed three new board members to the radicalized NLRB.

Reuters is reporting that businesses are having their revenge.

In the wake of an appeals court ruling challenging the validity of the National Labor Relations Board, employers have been seeking to appeal adverse NLRB decisions to the D.C. Circuit.

The court ruled on Jan. 25 in Noel Canning v. NLRB that the appointments of two members of the labor board were invalid, throwing hundreds of its decisions into question.

Since the Noel Canning ruling, at least six companies have elected to challenge an NLRB decision in the D.C. Circuit rather than the circuit where the case was brought, citing the labor board's lack of authority. Parties can appeal NLRB decisions in the federal circuit court where they are based or where the board is located, in the D.C. Circuit.

Because of the Noel Canning ruling, such challenges are automatically stayed in the D.C. Circuit pending a resolution by the Supreme Court, which could take a year.