Employers File Suit To Block Three Wrongly Appointed Board Members
WASHINGTON, D.C. // JANUARY 13, 2012 // Today, the Coalition for a Democratic Workplace, which represents over 600 employers, associations and other organizations operating in every Congressional District, announced that it has joined with leading employer associations in filing a motion that will seek to block the unconstitutional recess appointments by President Barack Obama of three Members to the National Labor Relations Board.
The motion, available, at MyPrivateBallot.com, reads, in part, that “The Board has lost its quorum due to the expiration of Member Becker’s term and the President’s failure to appoint new Board members with the advice and consent of the U.S. Senate.” In essence, the motion reflects the view that the three individuals recently installed by circumventing the nomination process are not to be recognized as Members.
CDW chairman Geoffrey Burr said, “The motion we filed today is a major step toward overturning the President’s ill-conceived and illegal efforts to ignore the Constitution. This act brazenly violates Constitutionally established separation of powers, all but ensuring that the rogue, anti-business agency continues uninterrupted in its pursuit of silencing the voices of employers in the workplace. Employers take matters before the NLRB seriously, but we take matters of core constitutional questions even more seriously and our action today is just the first step toward holding this administration accountable.”
Today, the Coalition for a Democratic Workplace sent a letter to Senators Mike Enzi (R-WY) and Johnny Isakson (R-GA) and Reps. John Kline (R-MN), Phil Roe (R-TN), and Phil Gingrey (R-GA) commending them on the introduction legislation to demonstrate Congress’s disapproval of the National Labor Relations Board’s unfair ambush election rule.
In addition to laying out three “fatal flaws” with the Board’s rule, CDW relies on the position of former Senator and President John F. Kennedy, who emphasized that employees need at least 30 days to decide how to vote in NLRB elections.
Today, the Coalition for a Democratic Workplace (CDW), which represents over 600 employers, associations and other organizations operating in every Congressional District, thanked the House Committee on Oversight and Government Reform and Chairman Darrell Issa for holding a hearing on four unlawful appointments by the Obama administration.
In response to Mr. Obama’s continuing assault on workers’ rights, on Thursday, Education and Workforce Committee Chairman John Kline, Minnesota Republican, and I [Rep. Phil Gingrey] introduced a joint resolution of disapproval pursuant to the Congressional Review Act (CRA) on the NLRB’s ambush election rule. Sen. Michael B. Enzi, Wyoming Republican, introduced the Senate companion.
The partisan clash over President Barack Obama’s NLRB recess appointments was on full display at a House hearing Tuesday: Democrats called the meeting a waste of time and Republicans called it instructive.
GOP lawmakers are still steaming over the White House decision to ignore brief pro forma Senate sessions to single-handedly name three members to the National Labor Relations Board and Richard Cordray as the director of the Consumer Financial Protection Bureau.
Senate Republicans are weighing a plan to block most of President Barack Obama’s federal appeals court nominations starting in June or earlier in response to the recess appointments he made this month.
