Mathew Enterprise, Inc. v. National Labor Relations Board

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

Mathew Enterprise has raised a Recess Appointments Clause challenge to the National Labor Relations Board’s order in this case. Based on the Supreme Court’s recent decision in National Labor Relations Board v. Noel Canning, — U.S. -, 134 S.Ct. 2550, 189 L.Ed.2d 538 (2014), we reject Mathew Enterprise’s claim.

The National Labor. Relations Board is an independent federal agency. By statute, the Board consists of five members. See 29 U.S.C. § 153(a). The Board members are principal officers of the United States who…