National Labor Relations Board v. SW General, Inc.

The Supreme Court case National Labor Relations Board v. SW General, Inc., decided on March 21, 2017, resolved a critical dispute over presidential appointment powers in the United States. The case centered on Lafe Solomon, who served as Acting General Counsel of the National Labor Relations Board (NLRB) while simultaneously being nominated for the permanent position. Although the Senate never confirmed him, Solomon continued to serve in an acting capacity and issued an unfair labor practice complaint against SW General, Inc., an ambulance service company. SW General challenged the complaint, arguing that Solomon's continuation violated the Federal Vacancies Reform Act (FVRA), which prohibits individuals from serving as acting officers once nominated for the permanent vacancy. The Supreme Court agreed in a 6-2 decision, strictly interpreting the FVRA to bar such service regardless of whether the nomination was pending or rejected. This rendered the NLRB's action against SW General invalid.

The Supreme Court ruled 6-2 that the Federal Vacancies Reform Act prohibits a person from serving as an acting officer once nominated for the permanent role, with limited exceptions. Consequently, Lafe Solomon's service was deemed unlawful, and the complaint against SW General, Inc. was invalidated.

Whether the Federal Vacancies Reform Act prevents an individual from continuing to serve as an acting officer if the President has formally nominated them for the permanent position.

The ruling significantly restricted the executive branch's power to use acting officials to circumvent the Senate's confirmation process. It immediately called into question hundreds of NLRB rulings made during Solomon's tenure, requiring extensive administrative review, and reinforced the constitutional checks and balances on presidential appointment authority.