United States Third Circuit

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New Vista Nursing and Rehabilitation v. NLRB, 11-3440

Summary judgment for nurses union against plaintiff on a charge of unfair labor practices, and subsequent orders affirming the same, are vacated, where: 1) the Recess of the Senate in the Recess Appointments Clause refers to only intersession breaks, i.e. breaks between sessions of the Senate; and consequently, 2) the NLRB panel below lacked the requisite number of members to exercise the NLRB's authority because one panel member was invalidly appointed during an intrasession break.

Appellate Information

  • Decided 05/16/2013
  • Published 05/16/2013

Judges

  • SMITH

Court

  • United States Third Circuit

Counsel

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