The Continuing Reverberations of “Noel Canning” at the NLRB

On January 25, the U.S. Court of Appeals for the D.C. Circuit held that the purported recess appointments of National Labor Relations Board (“Board”) members Sharon Block and Richard Griffin, as well as former member Terence Flynn, were unconstitutional because these appointments were made while the Senate was not in an intersession recess and the vacancies these three putative members purportedly filled did not begin during an intersession recess of the Senate.

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