The NLRB has handed down boatloads of pro-union decisions since President Obama appointed three members to the NLRB while Congress was in recess. The decisions are now in serious question. Reset button, anyone?
The D.C. Court of Appeals just ruled that the President's recess appointments violated the Constitution. That nails three members of the five-member board, which deprives it of a quorum. Expect the NLRB to appeal to the Supreme Court.
Unless the Supreme Court reverses course, all those pro-union NLRB decisions could get tossed into the waste basket. The NLRB had stepped into the mix on some sensitive issues like:
- Arbitration class action waivers
- Social media
- Witness statements
- Bargaining unit gerrymandering