NLRB v. SW General, Inc.
| NLRB v. SW General, Inc. | |
|---|---|
| Argued November 7, 2016 Decided March 21, 2017 | |
| Full case name | National Labor Relations Board, Petitioner v. SW General, Inc., dba Southwest Ambulance |
| Docket no. | 15-1251 |
| Citations | 580 U.S. ___ (more) 137 S. Ct. 929; 197 L. Ed. 2d 263 |
| Case history | |
| Prior | 796 F.3d 67 (D.C. Cir. August 7, 2015). |
| Holding | |
| The Federal Vacancies Reform Act prevents a person who has been nominated to fill a vacant office requiring Senate confirmation from performing the duties of that office in an acting capacity. The prohibition applies to anyone performing acting service under the FVRA. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Roberts, joined by Kennedy, Thomas, Breyer, Alito, and Kagan |
| Concurrence | Thomas |
| Dissent | Sotomayor, joined by Ginsburg |
| Laws applied | |
| Federal Vacancies Reform Act of 1998 | |
National Labor Relations Board v. SW General, Inc., 580 U.S. 288 (2017), was a case before Supreme Court of the United States concerning the interpretation of the Federal Vacancies Reform Act of 1998 (FVRA). The Court held that 5 U.S.C. § 3345(b)(1) prohibits a person who has been nominated to fill a Senate-confirmed office from serving in that office in an acting capacity, subject to a limited exception for certain "first assistants" who had served in that role for at least 90 days during the year preceding the vacancy.
In a 6–2 decision, the Court affirmed the judgment of the United States Court of Appeals for the District of Columbia Circuit. Chief Justice John Roberts delivered the opinion of the Court.