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.