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 such to deal a blow to the Obama administration. The other, Noel Canning v. NLRB was supported by business organizations, including CDW.

CDW chairman Geoffrey Burr said, “This is yet more evidence the President went outside his constitutional authority and wrongly circumvented the role of the Senate as the administration attempted to stack the deck in favor of organized labor. Simply calling a long weekend a ‘recess’ in order to pack the NLRB was wrong, and so is the President’s effort to renominate those individuals who illegally held posts within the Board.”

Burr concluded, “With two different courts finding the President’s appointments illegal, it is time for him to withdraw his current nominations and provide new, qualified nominees for advice and consent of the Senate.”