CDW Files In US Court of Appeals To Join Challenge to Appointees
WASHINGTON, D.C. // MARCH 14, 2012 // Today, the Coalition for a Democratic Workplace filed a motion to intervene in a constitutional challenge to President Obama’s attempted “recess” appointments of Sharon Block, Terence Flynn, and Richard Griffin to serve as Members of the National Labor Relations Board. On January 4, 2012, the President chose to take the unprecedented step of “recess” appointing these three nominees, even though at the time the Senate was in session and not in recess.
CDW seeks to intervene in the case Noel Canning v. National Labor Relations Board, which is before the U.S. Court of Appeals for the District of Columbia. Noel Canning, a small business in Washington state, has raised the issue of whether the Board has authority to act when it lacks a quorum of constitutionally appointed Members. The company’s case is on appeal from the Board, which issued its decision on February 8. If granted, CDW’s intervention would accelerate the legal effort to resolve for employers and employees the uncertainty created by a potentially invalidly constituted NLRB issuing important and precedent-setting decisions.
CDW chairman Geoffrey Burr said, “These appointments have cast into serious doubt the legitimacy of Board decisions and further increased uncertainty among American employers. We are disappointed the President chose this risky course of action rather than seek the advice and consent of the Senate.”
Burr concluded, “To resolve the confusion created by the President’s controversial actions, we are now asking for the chance to seek clarification from the highest court yet to consider this issue in an effort to ensure that job creators can move forward with confidence and get Americans working again.”
CDW represents over 600 employers, associations and other organizations operating in every Congressional District.
Another Court Decision Finds “Recess” Appointments Illegal WASHINGTON, D.C. // MAY 16, 2013 // Today, the Coalition for a Democratic Workplace praised the Third Circuit US Court of Appeals’ decision declaring illegal National Labor Relations Board recess appointments made by President Obama. The decision in New Vista Nursing and Rehabilitation v NLRB is the second [...]
Today, the Coalition for a Democratic Workplace lauded the US District Court of Appeals for Washington, DC, which invalidated an illegal National Labor Relations Board (NLRB) rule requiring nearly 6 million businesses to post notices that amounted to little more than advertisements for union membership.
600-Member Coalition Thanks Representatives for NLRB Efforts WASHINGTON, DC // APRIL 11, 2013 // Today, the Coalition for a Democratic Workplace (CDW) lauded the House of Representatives passage of H.R. 1120, the Preventing Greater Uncertainty in Labor-Management Relations Act. CDW’s membership supports H.R. 1120 because it addresses key employer and employee concerns surrounding the functioning [...]
The 3rd U.S. Circuit Court of Appeals on Thursday said an appointment President Barack Obama made to the National Labor Relations Board was invalid, becoming the second circuit to question the validity of the labor board’s decisions.
If Sen. Lamar Alexander (R., Tenn.) is a measure of his party, President Barack Obama could have trouble winning Senate confirmation of two labor board members he had installed last year using controversial recess appointments.
I introduced H.R. 1120, the Preventing Greater Uncertainty in Labor-Management Relations Act. This bill is simple. It would require the Board to cease all activity until the legal issues surrounding the legitimacy of the so-called recess appointments are resolved. The legislation would also require a Senate-confirmed quorum (3 members) to review all the decisions the Board made while the appointments were in question. The House is scheduled to vote on this legislation later this week, and I hope this bill will help achieve the certainty workers deserve.
