CDW: President’s NLRB Recess Appointments “Unconstitutional”

*** For A Copy Of CDW’s Motion, Click Here ***

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, 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.”