Tuesday, April 6, 2010

Recess Appointments Should be “Hesitant to Override Precedent”

Speaking to both union- and management-side labor lawyers about her experience at the Wilma Liebman, now Chairman of the National Labor Relations Board, was quoted as saying, “Recess appointees should be hesitant to overrule precedent because it could be seen as a rush to judgment and undermine public confidence. In contrast, a decision to overrule precedent by a fully confirmed board can be perceived as having more credibility.”

She continued, “Recess boards should be caretakers and keep the railroad running and not make major policy decisions.”

With President Obama’s recess appointments of Craig Becker and Mark Pearce, we’ll see if Chairman Liebman is still of the same opinion.

Hat tip to Jackson Lewis for pointing this out.

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