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De Omnibus Dubitandum - Lux Veritas

Friday, August 23, 2013

Court Strikes Down another Obama NLRB appointment

by Ivan Osorio on August 22, 2013 · 0 comments in Economy, Employment, Labor
If you cant’ get legislation through Congress, then make policy through regulation. Until the courts get in the way. The former has been the Obama administration’s approach to implementing policies it wants but cannot get passed in Congress. The latter describes the latest legal setback to Obama’s agenda — a federal judge striking down Obama’s recess appointment of the National Labor Relations Board’s (NLRB) top lawyer as unconstitutional.
On August 13, U.S. District Judge Benjamin Settle ruled that President Obama’s appointment of NLRB Acting General Counsel Lafe Solomon did not conform to the requirements of the Federal Vacancies Reform Act (FVRA). Therefore, Solomon could not delegate to a regional NLRB director the authority to pursue legal action against an employer. In his decision (Hooks vs. Kitsap Tenant Support Services), Judge Settle said:…To Read More……

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