United States Second Circuit

The district court's order granting a petition by the National Labor Relations Board, to temporarily enjoin alleged unfair labor practices by defendants, is affirmed, where: 1) it is unnecessary to reach the issue of the validity of the President's recess appointments to the Board; 2) the Board may contingently delegate power to authorize such petition to the Board's General Counsel; 3) such delegations, made in 2001 and 2002, were in effect here; 4) the petition at issue was properly authorized by the General Counsel pursuant to those delegations; and 5) the district court did not otherwise abuse its discretion in granting the petition in this case.

Appellate Information

• Decided 10/15/2013
• Published 10/15/2013

Judges

• LOHIER

Court

• United States Second Circuit

Counsel