In January, the D.C. Circuit gave the proverbial bench-slap to President Barack Obama and the National Labor Relations Board, holding that Obama’s appointments to the NLRB during a Senate recess were unconstitutional. Earlier this week, the D.C. Circuit did it again, invalidating a rule promulgated by the NLRB that required employers to post notices detailing workers’ rights regarding unions.
The court issued an injunction in April 2012 after two lower courts came to differing conclusions about whether the rules exceeded the board’s authority. The court noted in its opinion that the Fourth Circuit currently has a pending South Carolina case regarding the rule.