The court ruled that three of President Obama's appointments to the NLRB were unconstitutional because they were made as recess appointments when the Senate was technically still in session, and able to conduct business. By limiting the authority of the Executive branch in this way, the decision could impact hundreds of reported and unreported actions issued by the three board members; enforcement actions made by numerous NLRB regional directors during the 19-month time period in question; and potentially several thousand reported and unreported decisions made over the past 20 years – in other words, virtually any decisions made when the three members formed part of the quorum-making vote.
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High Court Decision with Far-Reaching Implications for Employers
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