Step Aside
Forty US Senators, led by Sen. Orrin Hatch, are demanding that members of the National Labor Relations Board step aside until valid and legal appointments can be made. The letter to Sharon Block and Richard F. Griffin, Jr., the two…
Forty US Senators, led by Sen. Orrin Hatch, are demanding that members of the National Labor Relations Board step aside until valid and legal appointments can be made. The letter to Sharon Block and Richard F. Griffin, Jr., the two…
The Washington Times takes the president and the NLRB to task for ignoring a recent appeals court decision invalidating the president's appointments to the board: When the Constitution puts a limitation on executive authority, the president can’t just ignore it for the sake of convenience. That message was delivered forcefully on Friday in a decision by the U.S. Court of Appeals for the District of Columbia Circuit. A unanimous three-judge panel declared unlawful President Obama’s installation of three appointees to the National Labor Relations Board while the Senate was in session. The president is compounding his disregard for the Constitution by thumbing his nose at this well-reasoned decision. The nation’s founding document grants the president authority to “fill up all Vacancies that may happen during the Recess of the Senate.” The appellate panel’s ruling points out the use of “the Recess” as opposed to “a recess” or “an adjournment” was not accidental. The term refers to the long break between congressional sessions in which it makes sense for the president to make an interim appointment because the Senate is not available to provide its advice and consent. In his ruling, Chief Judge David B. Sentelle refused to accept novel interpretations meant to expand the appointment authority, saying, “We will not do violence to the Constitution by ignoring the Framers’ choice of words.” Desperate to stack the National Labor Relations Board with Big Labor cronies, the White House refused to allow an old piece of parchment get in the way. On Jan. 4, 2012, Mr. Obama made the appointments even though the Senate was conducting “pro forma” business and the House of Representatives purposely chose to remain in session to thwart the potential recess appointments. Administration lawyers argued before the court that the president, not Congress, had the ultimate power to decide when the Congress was in session. Under this interpretation, Senate participation in the nomination process would be converted from a check and balance on the executive to an empty formality.
Jim Huffman, the dean emeritus of Lewis & Clark Law School, argues persuasively that the US Circuit Court’s unanimous decision against President Obama’s three illegal appointment to the NLRB was absolutely correctly decided: The Obama administration’s…
The White House was none to pleased to see their abuse power invalidated by a unanimous federal court. White House spokesman Jay Carney derided the decision as ““It’s one court, one case, one company.” Our response: and there’s only…
Right to Work Foundation attorneys argued purported recess appointments were invalid because Senate was not in recess Washington, DC (January 25, 2013) – Today, the U.S. Court of Appeals for the District of Columbia Circuit struck down President Barack…
The National Labor Relations Boards continued efforts to promote forced unionism knows no bounds. The latest scam give union bosses huge advantages over the companies during negotiations for a new contract overturning years of precedent in a single swipe: The National…
From BuzzFeed: Secretary of Labor Hilda Solis resigned Wednesday afternoon, three sources told BuzzFeed. Solis was one of the least-visible members of President Barack Obama’s cabinet, rarely appearing on national television or with…
From BuzzFeed: Secretary of Labor Hilda Solis resigned Wednesday afternoon, three sources told BuzzFeed. Solis was one of the least-visible members of President Barack Obama’s cabinet, rarely appearing on national television or with…
A new congressional report has determined that the National Labor Relations Board has abandoned its role as an impartial arbitrator and has become an aggressive advocate for big labor: The National Labor Relations Board -- the federal agency tasked with protecting employees from unfair management or union practices -- has become a biased advocate for big labor, according to a newly released congressional report. The blunt assessment was offered in a staff report released Thursday by Rep. Darrell Issa, R-Calif., chairman of the House Committee on Government Oversight and Reform. "The NLRB is supposed to be a fair and neutral arbitrator. It's supposed to have a firewall between the judges, if you will, and representatives, as a plaintiff," Issa told Fox News. "Just the opposite is the case." The NLRB is designed much like an appeals court. The general counsel serves in a prosecutor-like role, and the five-member board acts as the jury. As in a court of law, rules forbid the two from communicating about pending cases. But NLRB emails turned over to the committee under force of subpoena reveal many such ex-parte communications, some of them dealing with the challenge to Boeing's decision to build a non-union assembly plant in South Carolina to augment production of the highly sought-after 787 Dreamliner. In one email obtained by the committee, the associate general counsel of the NLRB, Barry Kearney, praised a union press release about the Boeing case, stating, "hooray for the red, white, and blue." In another email, reacting to Boeing's intention to fight the complaint, an NLRB attorney wrote