By Thom Weidlich, Bloomberg
A court petition seeking to halt a lockout of 70 workers at a Brooklyn, New York, apartment complex should be thrown out, a lawyer told the judge in the case, which may test whether President Barack Obama’s January appointments to the National Labor Relations Board are legal.
The petition isn’t valid because the board that voted to file it lacked a quorum, the landlord’s lawyer, Paul D. Clement, told U.S. District Judge Brian M. Cogan at the hearing today in Brooklyn.
Obama appointed three members to the board on Jan. 4, bypassing the Senate by asserting lawmakers were in recess and unable to act on nominations. A president is permitted to make appointments without Senate confirmation during a recess, though Republicans dispute that was the case at the time.