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Chamber Urges Businesses to Appeal Labor Rulings

Wall Street Journal (02/01/13) Melanie Trottman

In a memo to its members, the U.S. Chamber of Commerce called on companies to push for a reversal of U.S. National Labor Relations Board rulings against them over the past year, given that a recent ruling by the U.S. Court of Appeals for the District of Columbia Circuit invalidated an NLRB decision against soda bottler and distributor Noel Canning because three recess appointments to the board were made outside the Senate recess window spelled out in the U.S. Constitution. The chamber says the court decision has called into question more than 200 rulings by NLRB since the appointments were made by President Obama on Jan. 4, 2012, including a ruling that protects workers from being terminated for complaining about workplace conditions on social media. It says employers with cases pending in other circuits should request the cases be delayed until a nationwide resolution on the recess-appointment decision occurs.