Wyatt Employment Law Report

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11th Circuit Rejects Recess Appointments Argument in NLRB Case

By Edwin S. Hopson

On November 15, 2013, the U.S. Court of Appeals for the 11th Circuit in Ambassador Services v. NLRB, No. 12-15124, rejected the employer’s argument that the NLRB lacked authority to issue the decision in its case because recess appointments to the Board made by President Obama in January 2012 were invalid.  The per curiam decision is not to be published.  The case conflicts with the Noel Canning v. NLRB decision of the D.C. Circuit which is now before the U.S. Supreme Court.