In a decision released this week, the US Appeals Court for the Ninth Circuit affirmed a lower court ruling that invalidated the appointment of Lafe Solomon as acting NLRB General Counsel back in 2010.  You may recall at that time, President Obama filled a number of NLRB positions without the assent of the US Senate as required by the US Constitution, claiming that the Senate was “in recess” because they were not formally meeting.  The Senate challenged the President’s action and prevailed at the District Court and in so doing, invalidated all actions Solomon had undertaken as the illegally appointed acting General Counsel.  Solomon served in that capacity until November 4, 2013 when current General Counsel Richard Griffin (author of the current joint employer brouhaha) took the office.