From The National Right to Work Legal Defense Foundation press relase: Worker Advocate Challenges Constitutionality of Obama’s Controversial Labor Board Recess Appointments Case over controversial NLRB posting becomes first legal challenge to Presidential attempt to make “recess appointments”…
From The National Right to Work Legal Defense Foundation press relase: Worker Advocate Challenges Constitutionality of Obama’s Controversial Labor Board Recess Appointments Case over controversial NLRB posting becomes first legal challenge to Presidential attempt to make “recess appointments”…
Roger Pilon, a constitutional scholar from the CATO Institute, makes a compelling case that President Obama's outrageous appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau are unconstitutional: All of Obama’s appointments yesterday are illegal under the Constitution. And, in addition, as too little noted by the media, his appointment of Richard Cordray to head the Consumer Financial Protection Bureau (CFPB) is legally futile. Under the plain language of the Dodd-Frank Act that created the CFPB, Cordray will have no authority whatsoever. Yesterday, Professors John Yoo and Richard Epstein, writing separately, made it crystal clear that the president, under Article II, section 2, may make temporary recess appointments, but only when the Senate is in recess. Add in Article I, section 5, and it’s plain that the Senate is presently not in recess, just as it wasn’t under Senate Democrats when George W. Bush wanted to make recess appointments. The difference here is that Bush respected those constitutional provisions while Obama — never a constitutional law professor but only a part-time instructor – ignores them as politically inconvenient. Attempts by Obama’s apologists to say the Senate is not in session are pure sophistry and, in the case of Harry Reid, rank hypocrisy, as this morning’s Wall Street Journal brings out. But clear beyond the slightest doubt is the language of the statute (itself unconstitutional on any number of grounds not relevant here). As my colleague Mark Calabria wrote yesterday, “authorities under the Act remain with the Treasury Secretary until the Director is ‘confirmed by the Senate.’” A recess appointment, even if it were constitutional, is not a Senate confirmation. There is simply no wiggle room in that language that gives Cordray any authority, as litigation will soon make plain.
Roger Pilon, a constitutional scholar from the CATO Institute, makes a compelling case that President Obama's outrageous appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau are unconstitutional: All of Obama’s appointments yesterday are illegal under the Constitution. And, in addition, as too little noted by the media, his appointment of Richard Cordray to head the Consumer Financial Protection Bureau (CFPB) is legally futile. Under the plain language of the Dodd-Frank Act that created the CFPB, Cordray will have no authority whatsoever. Yesterday, Professors John Yoo and Richard Epstein, writing separately, made it crystal clear that the president, under Article II, section 2, may make temporary recess appointments, but only when the Senate is in recess. Add in Article I, section 5, and it’s plain that the Senate is presently not in recess, just as it wasn’t under Senate Democrats when George W. Bush wanted to make recess appointments. The difference here is that Bush respected those constitutional provisions while Obama — never a constitutional law professor but only a part-time instructor – ignores them as politically inconvenient. Attempts by Obama’s apologists to say the Senate is not in session are pure sophistry and, in the case of Harry Reid, rank hypocrisy, as this morning’s Wall Street Journal brings out. But clear beyond the slightest doubt is the language of the statute (itself unconstitutional on any number of grounds not relevant here). As my colleague Mark Calabria wrote yesterday, “authorities under the Act remain with the Treasury Secretary until the Director is ‘confirmed by the Senate.’” A recess appointment, even if it were constitutional, is not a Senate confirmation. There is simply no wiggle room in that language that gives Cordray any authority, as litigation will soon make plain.
From the National Right to Work Legal Defense Foundation: Worker Rights Advocate Blasts Obama’s Unprecedented Recess Appointments to the NLRB The President’s legally dubious NLRB recess appointments pave the way for another year of forced-unionism giveaways…
E-mails Reveal Why Top NLRB Lawyer 'Screwed up the U.S. Economy' Internal NLRB e-mails show Lafe Solomon (pictured) was disinclined this March to target Boeing for expanding production in Right to Work South Carolina. Then IAM union chiefs, led by Tom Buffenbarger, apparently got to him. Credit: AP/Bruce Smith (Source: November-December 2011 National Right to Work Committee Newsletter) This April 20, Acting National Labor Relations Board (NLRB) General Counsel Lafe Solomon ignited a public-policy firestorm by filing a complaint against Boeing for initiating a second Dreamliner 787 aircraft production line in Right to Work South Carolina. In several public statements, Boeing executives had made no bones about the fact that their decision to expand in a Right to Work state was prompted largely by their desire to avoid or at least mitigate multi-billion-dollar revenue losses stemming from disruptive strikes. Agreeing with International Association of Machinists (IAM/AFL-CIO) union kingpins who had repeatedly ordered employees at Boeing's west coast facilities out on strike, Mr. Solomon claimed these statements showed Boeing was motivated by "anti-union animus." Consequently, the South Carolina expansion was illegal, declared Mr. Solomon. Mr. Solomon's complaint asked an NLRB administrative law judge to stop Boeing's South Carolina production. Former Clinton-Appointed NLRB Chairman: Boeing Complaint Didn't 'Make Sense'
E-mails Reveal Why Top NLRB Lawyer 'Screwed up the U.S. Economy' Internal NLRB e-mails show Lafe Solomon (pictured) was disinclined this March to target Boeing for expanding production in Right to Work South Carolina. Then IAM union chiefs, led by Tom Buffenbarger, apparently got to him. Credit: AP/Bruce Smith (Source: November-December 2011 National Right to Work Committee Newsletter) This April 20, Acting National Labor Relations Board (NLRB) General Counsel Lafe Solomon ignited a public-policy firestorm by filing a complaint against Boeing for initiating a second Dreamliner 787 aircraft production line in Right to Work South Carolina. In several public statements, Boeing executives had made no bones about the fact that their decision to expand in a Right to Work state was prompted largely by their desire to avoid or at least mitigate multi-billion-dollar revenue losses stemming from disruptive strikes. Agreeing with International Association of Machinists (IAM/AFL-CIO) union kingpins who had repeatedly ordered employees at Boeing's west coast facilities out on strike, Mr. Solomon claimed these statements showed Boeing was motivated by "anti-union animus." Consequently, the South Carolina expansion was illegal, declared Mr. Solomon. Mr. Solomon's complaint asked an NLRB administrative law judge to stop Boeing's South Carolina production. Former Clinton-Appointed NLRB Chairman: Boeing Complaint Didn't 'Make Sense'
The South Carolina Post and Courier shows how workers are often treated as pawn in labor disputes: Don’t get Glenn Taubman wrong: He’s glad the National Labor Relations Board union-busting case against Boeing Co. is over. It’s how it ended that bothers him. Taubman, a…
The Boston Herald takes the NLRB to task for forcing Boeing to “pay ransom” to Big Labor unions in order to get its complaint against the company dropped: The Obama administration was saved from yet another pre-election embarrassment late…