42 GOP Senators Challenge Obama's So-Called NLRB "Recess" Appointments

42 GOP Senators Challenge Obama's So-Called NLRB "Recess" Appointments

Forty-Two United States Senators have joined with the National Right to Work Legal Foundation in protesting President Obama's illegal appointment to the National Labor Relations Board: [media-credit name=" " align="alignright" width="150"][/media-credit]Forty-two Republican senators filed an amicus brief this week in the case of Noel Canning Div. of Noel Corp. v. NLRB, D.C. Cir., No. 12-1115, arguing that the Board lacks a quorum because President Obama's January 2012 recess appointments were invalid. Employer Noel Canning has petitioned the Court of Appeals to deny enforcement to a Board decision by a three-member panel. Among their arguments, the employer asserts that panel members Sharon Block and Terence F. Flynn were not confirmed by the Senate and that Congress was in session at the time of their purported recess appointments.

42 GOP Senators Challenge Obama's So-Called NLRB

42 GOP Senators Challenge Obama's So-Called NLRB "Recess" Appointments

Forty-Two United States Senators have joined with the National Right to Work Legal Foundation in protesting President Obama's illegal appointment to the National Labor Relations Board: [media-credit name=" " align="alignright" width="150"][/media-credit]Forty-two Republican senators filed an amicus brief this week in the case of Noel Canning Div. of Noel Corp. v. NLRB, D.C. Cir., No. 12-1115, arguing that the Board lacks a quorum because President Obama's January 2012 recess appointments were invalid. Employer Noel Canning has petitioned the Court of Appeals to deny enforcement to a Board decision by a three-member panel. Among their arguments, the employer asserts that panel members Sharon Block and Terence F. Flynn were not confirmed by the Senate and that Congress was in session at the time of their purported recess appointments.

NLRB'S  Overreach

NLRB'S Overreach

[media-credit id=7 align="alignright" width="150"][/media-credit]In their aggressive overreach to help the union bosses, the National Labor Relations Board has a devastating string of courtroom losses that are putting them back into place.  The House Education and Workforce Committee looks at their grasp for more power: This week, the Obama National Labor Relations Board (NLRB) suffered yet another defeat in federal court. On Monday, U.S. District Judge James Boasberg – appointed to the federal bench last year by President Obama – rejected the board’s recent ambush election rule. During the final days of 2011, the Obama labor board jammed through the regulatory process sweeping changes to long-standing rules governing union elections, changes that undermine employer free speech and worker free choice. As Education and the Workforce Committee Chairman John Kline noted: The Obama board’s rush to enact this rule before it loses its quorum confirms what my Republican colleagues and I have suspected all along – this board is not fighting for the best interests of our workforce, but instead is determined to advance an activist, pro-union agenda at any cost. Yet in their haste to adopt a flawed rule, board members Mark Pearce and Craig Becker neglected to follow the law. Citing Hollywood icon Woody Allen, Judge Boasberg writes: Eighty percent of life is just showing up. When it comes to satisfying a quorum requirement, though, showing up is even more important than that. Indeed, it is the only thing that matters – even when the quorum is constituted electronically. In this case, because no quorum ever existed for the pivotal vote in question, the Court must hold that the challenged rule is invalid.

NLRB'S  Overreach

NLRB'S Overreach

[media-credit id=7 align="alignright" width="150"][/media-credit]In their aggressive overreach to help the union bosses, the National Labor Relations Board has a devastating string of courtroom losses that are putting them back into place.  The House Education and Workforce Committee looks at their grasp for more power: This week, the Obama National Labor Relations Board (NLRB) suffered yet another defeat in federal court. On Monday, U.S. District Judge James Boasberg – appointed to the federal bench last year by President Obama – rejected the board’s recent ambush election rule. During the final days of 2011, the Obama labor board jammed through the regulatory process sweeping changes to long-standing rules governing union elections, changes that undermine employer free speech and worker free choice. As Education and the Workforce Committee Chairman John Kline noted: The Obama board’s rush to enact this rule before it loses its quorum confirms what my Republican colleagues and I have suspected all along – this board is not fighting for the best interests of our workforce, but instead is determined to advance an activist, pro-union agenda at any cost. Yet in their haste to adopt a flawed rule, board members Mark Pearce and Craig Becker neglected to follow the law. Citing Hollywood icon Woody Allen, Judge Boasberg writes: Eighty percent of life is just showing up. When it comes to satisfying a quorum requirement, though, showing up is even more important than that. Indeed, it is the only thing that matters – even when the quorum is constituted electronically. In this case, because no quorum ever existed for the pivotal vote in question, the Court must hold that the challenged rule is invalid.

NLRB  Overreach not Overlooked by House Education and Workforce Committee

NLRB Overreach not Overlooked by House Education and Workforce Committee

In their aggressive overreach to help the union bosses, the National Labor Relations Board has a devastating strong of courtroom losses that are putting them back into place.  The House Education and Workforce Committee looks at their grasp for more power: [Last] week, the Obama National Labor Relations Board (NLRB) suffered yet another defeat in federal court. On Monday, U.S. District Judge James Boasberg – appointed to the federal bench last year by President Obama – rejected the board’s recent ambush election rule. During the final days of 2011, the Obama labor board jammed through the regulatory process sweeping changes to long-standing rules governing union elections, changes that undermine employer free speech and worker free choice. As Education and the Workforce Committee Chairman John Kline noted: The Obama board’s rush to enact this rule before it loses its quorum confirms what my Republican colleagues and I have suspected all along – this board is not fighting for the best interests of our workforce, but instead is determined to advance an activist, pro-union agenda at any cost. Yet in their haste to adopt a flawed rule, board members Mark Pearce and Craig Becker neglected to follow the law. Citing Hollywood icon Woody Allen, Judge Boasberg writes: Eighty percent of life is just showing up. When it comes to satisfying a quorum requirement, though, showing up is even more important than that. Indeed, it is the only thing that matters – even when the quorum is constituted electronically. In this case, because no quorum ever existed for the pivotal vote in question, the Court must hold that the challenged rule is invalid. The decision represents a victory on behalf of workers and employers, and is hopefully not the last. As the Wall Street Journal noted, “Given the NLRB spectacle of the last three years, this probably won't be the only time the commission loses in court—or the only time that judges need to invoke Mr. Allen to describe its absurdity.”

Big Labor Joe Manchin Dances to Forced-Unionism's Tune

Big Labor Joe Manchin Dances to Forced-Unionism's Tune

Sen. Joe Manchin is often seen as one of the more conservative Democrats in the Senate but when it comes to the rights of workers, Manchin still dances to the tune of the union bosses.  The Huntington News in West Virginia takes him to task for his ongoing relationship: Sad news [last] week for Big Labor and its D.C. allies like President Obama and U.S. Senator Joe Manchin. When no one is looking, Senator Manchin reverts to form and backs the President and his NLRB in a transparent Big Labor power grab. Monday, Federal Judge James Boasberg of the U.S. District Court for the District of Columbia struck down a new rule "passed" by two members of the National Labor Relations Board. Interestingly, Judge Boasberg is an Obama appointee. Ironically, this rule designed to circumvent proper procedure was cancelled because the court found that the NLRB itself did not use proper procedure in promulgating the new rule. Simply put, the court found that no quorum was present as those backing the new regulation tried to ram through their favor for Big Labor.