Quorum Conundrum: Appeals Court Throws Controversial NLRB Decisions Into Limbo

The March 2013 issue of Inside Counsel quoted Atlanta attorney Jim Walters in the article “Quorum Conundrum: Appeals Court Throws Controversial NLRB Decisions Into Limbo.” The articled discussed the D.C. Circuit Court’s ruling that President Obama’s recess appointments were unconstitutional. If not overturned, the appeals court ruling would leave the five-member labor board with just one validly appointed member, which many believe will officially shut down the board’s appellate decision-making power. “Assuming that the recess appointments remain invalid, the only legitimate board member left is Chairman Pearce, and his term may expire before the Supreme Court has a chance, and it surely will, to decide this case. Things look fairly bleak for this government agency at this point.”