WASHINGTON – In a major test of presidential power, federal appeals courts are starting to hear legal challenges to President Barack Obama’s decision to bypass the Senate in appointing three members to the National Labor Relations Board.

The challenges in more than two dozen labor cases around the country
have been winding their way through the legal system since Jan. 4, when Obama moved to fill vacancies on the board under the constitutional provision for filling an office when Congress is in recess.

Obama’s move outraged business groups and Republican leaders, who contend the appointments were unconstitutional because the Senate was technically in session when the president acted.