9th Circuit Upholds Finding That Labor Board Appointment Was Invalid

Mealey's (March 8, 2016, 1:57 PM EST) -- SEATTLE — The Ninth Circuit U.S. Court of Appeals on March 7 affirmed a trial court’s decision rejecting an unfair labor practices petition filed against an employer by the then-acting general counsel of the National Labor Relations Board, finding that the acting general counsel held his post in violation of the Federal Vacancies Reform Act (FVRA) when he served in that position while also being the nominee to the permanent position (Ronald K. Hooks, Regional Director of the Nineteenth Region of the National Labor Relations Board, for an on behalf of the National Labor Relations Board v. Kitsap Tenant Support Services, Inc., No. 13-35912, 9th Cir.; 2016 U.S. App. LEXIS 4246)....