Employers Laud Court’s Decision On NLRB Elections Rule
WASHINGTON, D.C. // MAY 14, 2012 // Citing Woody Allen and the lack of a quorum of National Labor Relations Board Members, the US District Court for the District of Columbia today overturned the Board’s illegal and ill-advised “ambush elections” rule, which was challenged by the Coalition for a Democratic Workplace and its litigation partners at the U.S. Chamber of Commerce.
According to Woody Allen, eighty percent of life is just showing up. When it comes to satisfying a quorum requirement, though, showing up is even more important than that. Indeed, it is the only thing that matters – even when the quorum is constituted electronically. In this case, because no quorum ever existed for the pivotal vote in question, the Court must hold that the challenged rule is invalid.
CDW chairman Geoffrey Burr responded, “Employers are greatly gratified that the Court has overturned a rule that would have been bad for employees and employers and especially hard on small business owners who would have been left with mere days to navigate an often-arcane NLRB process.
Burr continued, “While we hope this will be the final word on this particular attack on workplace democracy, we know that hope is not a strategy and are keeping our eyes out and litigation ready on a number of fronts.”
CDW Files SCOTUS Brief In NLRB Appointments Game WASHINGTON, D.C. // MAY 24, 2013 // Today, the Coalition for a Democratic Workplace announced it has filed a brief with the U.S. Supreme Court to support a federal appeals court ruling that invalidated illegal executive appointments to the National Labor Relations Board. CDW has been involved [...]
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.
Presumably the Supreme Court will defeat Obama’s by telling the NLRB that the D.C. court was right about recess appointments. By such judicial vigilance against the excesses of elected officials, democracy is disciplined and progressivism’s agenda — unchecked executive power — is understood to be unconstitutional.
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.
