NLRB complaints held invalid for lack of quorum

The controversy over the President's attempt to recess appoint three NLRB members continues to echo. A federal district court in Washington State has ruled that a Section 10 (j) petition for an injunction must be dismissed because the Acting Attorney General and a Regional Director were without power to file the underlying administrative complaints. Hooks v. Kitsap Tenant Support (WD Wash 08/13/2013).

The court said that the recess appointments were invalid, so the Board lacked a quorum. Also, the court held that the Acting Attorney General was not validly appointed under the Federal Vacancies Reform Act.

[The quorum issue is on the US Supreme Court's docket. NLRB v. Noel Canning. Briefing should be completed by late November. Oral arguments have not yet been scheduled.]

Hat Tip: Labor Relations Today.