Thursday, April 19, 2012
Center for Social Change. 358 NLRB No. 24 (March 29, 2012), is a case we are going to hear more about. There, in a test of certification case, the Board rejected a claim that it did not have authority to act before the President's recess appointments were improper. The Democratic majority reasoned that there is a presumption of regularity in the absence of clear and convincing evidence to the contrary. The claim was that the recess appointments were improper because the Senate was still in session. The Republican minority would simply hold that it does not have jurisdiction to entertain this. The Replican controlled Senate, according to Politico, is set to challenge these appointments as well, here.
Law review commentary on this important issue would be most welcome.
Mitchell H. Rubinstein
Hat Tip: Workplace Prof Blog