Courts Keep Ruling Obama Labor Officials Serve Illegally

The D.C. Circuit Court of Appeals ruled Friday that Lafe Solomon, the former acting general counsel for the National Labor Relations Board from 2011 through 2013, had been serving in violation of the law governing federal appointments. It was the latest example of a federal court throwing out President Obama's picks for the board, which is the main federal labor law enforcement agency.

Last year, the Supreme Court ruled in the case Noel Canning v. NLRB that three of Obama's 2012 recess appointments to board were unconstitutional. The decision voided an entire year's worth of agency decisions.

Friday's ruling is unlikely to be as far-reaching as the Supreme Court decision. A three-judge panel for the circuit court was careful to say the ruling was specific to the case in question, which involved a business that had directly challenged the legality of Solomon's appointment at the time he was serving, and would extend only those that had made the same challenge.

"[T]his case is not Son of Noel Canning and we do not expect it to retroactively undermine a host of NLRB decisions. ... We doubt that an employer that failed to timely raise (the same) objection — regardless whether enforcement proceedings are ongoing or concluded — will enjoy the same success," the judges wrote.

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