# NLRB v. SW General > [!note] Stub > This is a short entry that hasn't been fully written yet. **A Supreme Court decision of 21 March 2017**, 580 U.S. 288, argued 7 November 2016 and decided **6–2**. Chief Justice Roberts wrote for the Court, joined by Justices Kennedy, Thomas, Breyer, Alito and Kagan, with Justice Thomas also concurring separately; Justice Sotomayor dissented, joined by Justice Ginsburg. The question was the reach of the nominee bar in the [[Federal Vacancies Reform Act]], 5 U.S.C. § 3345(b)(1). The government argued the bar applied only to a person serving as a first assistant. The Court held it applies to **all** of the Act's categories of acting officer: once the President submits a person's nomination to the vacant office, that person may not serve in it in an acting capacity, subject only to the narrow exception for a first assistant who served at least 90 days in the year before the vacancy or holds the first-assistant post by Senate confirmation. Applied to Lafe Solomon, who had served as acting general counsel of the [[NLRB]] while nominated to the office, the service violated the Act, and the Court affirmed the D.C. Circuit's judgment against the unfair-labour-practice complaint issued under his authority. The office of NLRB general counsel is one of the five that 5 U.S.C. § 3348(e) removes from the Act's voiding provision, which is why the remedy in this case ran through the specific complaint rather than through § 3348(d). ## See also - [[How an Acting Official Is Installed]] — the Act as a process, with this holding at Stage C - [[Federal Vacancies Reform Act]] · [[United States v. Giraud]] · [[Kajmowicz v. Whitaker]] - [[NLRB]] · [[Advice and Consent]] · [[Confirmation Pipeline]] · [[Separation of Powers]]