After a Jan. 25 federal appeals court decision determined that two appointments to the National Labor Relations Board were technically invalid, President Obama is under pressure to nominate board members that can be confirmed by the U.S. Senate.
In Noel Canning v. NLRB, the U.S. Court of Appeals for the District of Columbia Circuit held that the appointments of Sharon Block and Richard Griffin—both Democrats—were unconstitutional because Congress was technically not in recess when the appointments were made. Organized labor, as well as some Democrats, maintain the appointments are valid.