Wyatt Employment Law Report

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Fourth Circuit Court of Appeals Rules NLRB Recess-Appointments Were Invalid

By Edwin S. Hopson

On July 17, 2013, the U.S. Court of Appeals for the Fourth Circuit in NLRB v. Enterprise Leasing Company Southeast and Huntington Ingalls Inc. v. NLRB, joined the D.C. and Third Circuits in deciding that the President’s recess appointments to the NLRB were invalid.  The Court’s panel was  split 2 to 1, with Senior Judge Hamilton writing for the majority, joined by Judge Duncan, and with dissenting Judge Diaz arguing in favor of the government’s position.