Hospital of Barstow, Inc. v. National Labor Relations Board

Opinion for the Court filed by Circuit Judge SRINIVASAN.

SRINIVASAN, Circuit Judge:

The National Labor Relations Board ordinarily consists of five members. But when the terms of three Board members expired between August 2010 and January 8, 2012, the seats remained unfilled for a period of time because the Senate did not confirm the President’s nominees. On January 4, 2012, the President sought to fill the vacant seats through recess appointments. The Supreme Court, however, held those appointments invalid. NLRB v. Noel Canning, — U.S. -, 134 S.Ct. 2550, 189 L.Ed.2d 538 (2014). In August 2013,…