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Unlawful Recess Appointment Lawsuit

On Jan. 4, 2012, President Obama ignored constitutionally established separation of powers and the rules of the U.S. Senate by appointing three individuals, Sharon Block (D), Richard Griffin (D) and Terence Flynn (R), to the National Labor Relations Board (NLRB) during a pro forma session.

The Coalition for a Democratic Workplace is party to a federal lawsuit that challenges these unlawful recess appointments and has file amicus briefs in similar cases. Below are key documents related to this suit.

US Court of Appeals Decision Overturns Illegal Recess Appointments (Decision / CDW Press Release)
Opening Brief in Noel Canning Case
Reply on Motion To Intervene
Motion to Intervene In Noel Canning
CDW Motion To Block Unconstitutional Recess Appointments
Amicus Brief in 9th Ave. Meat Case
CDW Reply to Opposition to Motion to Supplement
CDW Amicus Brief in Renaissance

Press releases

CDW: Third Circuit Deals Second Strike To NLRB

May 16, 2013

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 [...]

NLRB ON NOTICE: COURT TEARS DOWN POSTER RULE

May 7, 2013

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.

CDW Lauds House Passage of The Preventing Greater Uncertainty in Labor-Management Relations Act

April 12, 2013

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 [...]

News

3rd Circuit joins D.C. Circuit in slamming NLRB appointment

May 19, 2013

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.

Read more: Reuters

High Hurdles for Labor Board Nominees

May 16, 2013

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.

Read more: Wall Street Journal

Preventing Greater Uncertainty In Labor-Management Relations

April 10, 2013

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.

Read more: The Hill

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