The National Labor Relations Board plans to appeal to the U.S. Supreme Court a decision that invalidated President Barack Obama’s recess appointments to the agency.
The board is seeking to overturn a decision by a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, which ruled in January that Obama violated the Constitution when he bypassed the Senate to install three members to the labor board. The board says it conferred with the Justice Department in deciding not to seek rehearing before the full appeals court and take its appeal directly to the Supreme Court. More than 90 companies have argued that the board lacks authority to take action against them because three of its members are not legitimate.