News Article

Federal Judge Rules NLRB Acting Counsel Appointment Invalid

September 03, 2013

Gary Lofland of Halverson Northwest's Employment & Labor practice group recently obtained a decision of national legal significance in Hooks v. Kitsap Tenant Support Services, Inc., C13-5470 BHS, 2013 WL 4094344 (W.D. Wash. Aug. 13, 2013). 

 The National Labor Relations Board brought a petition for an injunction under the National Labor Relations Act against Mr. Lofland’s client, Kitsap Tenant Support Services.  The Federal District Court for the Western District of Washington granted Mr. Lofland’s motion to dismiss the petition and held, for the first time in any court, that the

NLRB’s regional director lacked the authority to bring the petition because President Obama’s appointment of Lafe Solomon, the NLRB’s Acting General Counsel, was invalid under the Federal Vacancies Reform Act of 1998. 

 The decision is expected to change the landscape of labor law litigation throughout the United States. 

 For additional information on the landmark decision, please see this blog article.

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