National Labor Relations Board, Petitioner
Donald B. Verrilli, Jr., Solicitor General
The National Labor Relations Board (NLRB) administers the National Labor Relations Act and is responsible for reviewing cases involving alleged unfair labor practices. It is made of five members, appointed by the President and confirmed by the U.S. Senate, who serve five-year terms. On January 3, 2012, the membership of the board dropped to two individuals, thereby denying the board a quorum and making it unable to issue decisions. On January 3, although the Senate was in “pro forma” session, President Barack Obama invoked the Recess Appointment Clause of the Constitution to name three new members to the board. On…
