The tenure of the former acting general counsel of the National Labor Relations Board was invalid while his nomination to permanently fill the post was pending, a U.S. appeals court said on Friday, potentially upending dozens of cases.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said that once President Barack Obama nominated Lafe Solomon as general counsel in early 2011, he was no longer eligible for the temporary post under the Federal Vacancies Reform Act (FVRA).