After D.C. Circuit Ruling, What Happens To NLRB Decisions And Its GC?
From Corporate Counsel
In the wake of Friday’s federal court ruling invalidating three of President Barack Obama’s recess appointments to the National Labor Relations Board, corporations are left in a cloud of doubt. In fact, the “only certainty is there’s a tremendous amount of uncertainty,” veteran appellate attorney Andrew Pincus told CorpCounsel.com Monday.
The court decision leaves companies wondering how to handle pending NLRB appeals, whether to appeal recent rulings, and even whether to reopen cases that closed in 2012 under what has now been ruled an illegal board, said Pincus, a partner at Mayer Brown in Washington, D.C.
The broad language of the decision also calls into question some 29 other recess appointments, including that of Richard Cordray, the first director of the U.S. Consumer Financial Protection Bureau. And that, in turn, throws a cloud over whether the CFPB’s new rules for financial institutions to protect home buyers from risky mortgages are legal, Pincus added.
The U.S. Court of Appeals for the D.C. Circuit on Friday dealt only with the NLRB appointments. It said they were unconstitutional because the Senate was not in full recess, and confirmation of the appointments by the Senate was required.
Read more in our daily News Update...
From Corporate Counsel
In the wake of Friday’s federal court ruling invalidating three of President Barack Obama’s recess appointments to the National Labor Relations Board, corporations are left in a cloud of doubt. In fact, the “only certainty is there’s a tremendous amount of uncertainty,” veteran appellate attorney Andrew Pincus told CorpCounsel.com Monday.
The court decision leaves companies wondering how to handle pending NLRB appeals, whether to appeal recent rulings, and even whether to reopen cases that closed in 2012 under what has now been ruled an illegal board, said Pincus, a partner at Mayer Brown in Washington, D.C.
The broad language of the decision also calls into question some 29 other recess appointments, including that of Richard Cordray, the first director of the U.S. Consumer Financial Protection Bureau. And that, in turn, throws a cloud over whether the CFPB’s new rules for financial institutions to protect home buyers from risky mortgages are legal, Pincus added.
The U.S. Court of Appeals for the D.C. Circuit on Friday dealt only with the NLRB appointments. It said they were unconstitutional because the Senate was not in full recess, and confirmation of the appointments by the Senate was required.
Read more in our daily News Update...