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N.L.R.B. v. NEW VISTA NURSING AND REHABILITATION

Nos. 11-3440, 12-1027, 12-1936.

719 F.3d 203 (2013)

NATIONAL LABOR RELATIONS BOARD, Petitioner 1199 Seiu United Healthcare Workers East, N.J. Region, Intervenor v. NEW VISTA NURSING AND REHABILITATION, Respondent. New Vista Nursing And Rehabilitation, LLC, Petitioner v. National Labor Relations Board, Respondent. 1199 Seiu United Healthcare Workers East, N.J. Region, Intervenor.

United States Court of Appeals, Third Circuit.

Filed: May 16, 2013.

Attorney(s) appearing for the Case

Beth S. Brinkmann , [argued], Sarang V. Damle , Benjamin M. Shultz , Scott R. McIntosh , Melissa N. Patterson , United States Department of Justice, Julie B. Broido , Linda Dreeben , Milakshmi V. Rajapaksem , [argued], National Labor Relations Board, Washington, DC, for Petitioner.

William S. Massey , Gladstein, Reif & Meginniss, New York, NY, for Intervenor-Petitioner.

Louis J. Capozzi [argued], Capozzi & Assoc., Harrisburg, PA, Morris Tuchman, New York, NY, for Respondent.

Victor Williams , Catholic University of America, Washington, DC, for Amicus-Petitioner.

Before: SMITH, GREENAWAY JR, and VAN ANTWERPEN, Circuit Judges.

OPINION

SMITH, Circuit Judge.

The Recess Appointments Clause in the Constitution provides that "[t]he President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session." U.S. Const. art. II, § 2, cl. 3. The central question in this case is the meaning of "the Recess of the Senate," which is the only time in which the president may use his power...

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