Court Decision Raises Questions for Employers Affected by Acting NLRB General Counsel Solomon

In a continuing series of challenges to the president’s authority to appoint positions at the National Labor Relations Board, former General Counsel Lafe Solomon was recently declared to have unlawfully filled the position for the period January 5, 2011 to November 4, 2013. The case is titled SW Gen., Inc. v. NLRB, and was decided on August 7, 2015 by the District of Columbia Circuit of the United States Court of Appeals. During the period January 5, 2013–November 4, 2013, Solomon served as acting general counsel while his nomination was pending. The D.C. Circuit held that was a violation of federal law.

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