Today, the D.C. Circuit Court of Appeals held that the NLRB recess appointments were unconstitutional. It goes without saying that the possible ramifications of this decision, which may impact other NLRB decisions.
In Noel Canning, the NLRB held that the issue presented was mooted because the NLRB recess appointments were unconstitutional. In its decision, the court essentially stated that the Senate wasn’t in recess. The court reasoned that “recess” occurs when Congress is not in one of its regular two or three sessions.