The National Labor Relations Board has not been faring well in the DC Circuit recently. In January, in the Noel Canning case, the Court held that the President’s recess appointments to the NLRB were unconstitutional. In May, the DC Circuit vacated the NLRB’s Notice Posting Rule, the implementation of which had been temporarily blocked. Another challenge to the rule is pending in the Fourth Circuit.
Here is a link to the Decision – http://myprivateballot.com/wp-content/uploads/2012/02/DC-Cir-Opinion.pdf
