The National Federation of Independent Business has filed a legal challenge alleging that the National Labor Relations Board appointments issued on January 4 are unconstitutional.
The NFIB argues that three appointments are not permissible under the law, and are “a brazen circumvention of the Congressional appointment process.” The suit says that the Congress was not in recess, so the President’s appointment of three members to the Board was invalid, and with three positions unfilled, the Board no longer has the quorum necessary to conduct business.
The organization also says the Board does not possess the authority to enforce its Employee Rights Poster since it is operating without a legal quorum. The NLRB had earlier delayed the effective date of the poster until April 30, 2012 at the request of the federal court hearing the legal challenge by a consortium of business groups over the rule.
