NLRB Appointments Ruled Unconstitutional
The DC Circuit Court of Appeals dealt the President a stinging blow by ruling that his appointees to National Labor Relations Board (NLRB) were unconstitutional. According to the Associated Press, the court said, “that Obama did not have the power to make three recess appointments last year to the National Labor Relations Board.” This is just the latest setback for the administration, who had attempted to sidestep the Senate Confirmation process by using recess appointments when the Senate was actually in session.
Senate and House Republicans welcomed the decision.
Speaker John Boehner:
“We welcome today’s ruling as a victory for accountability in government and hope it will ultimately help employers and workers overcome excessive regulations. The Obama administration has consistently used the NLRB to impose regulations that hurt our economy by fostering uncertainty in the workplace and telling businesses where they can and cannot create jobs. Instead of operating under a shroud of controversy, the NLRB should meet the highest standards of transparency, starting with having its members approved by the people’s representatives.”
Minority Leader Mitch McConnell:
“The D.C. Circuit Court today reaffirmed that the Constitution is not an inconvenience but the law of the land, agreeing with the owners of a family-owned business who brought the case to the Court.”
John Kline, Chairman of the Committee on Health, Employment, Labor and Pensions:
“Time and again President Obama has chosen to govern through executive fiat, and today a federal court has taken action to help rein in this abuse of power. The Obama labor board must cease all activity until qualified nominees have been constitutionally appointed to the board. Any attempt to continue this battle in federal court will only prolong the uncertainty the president's unilateral action has created for America’s workers and job creators.”
The Court has put a stop, at least temporarily, to this administrations blatant defiance of the advise and consent process. Now the President’s appointees will have to be considered on their merit and whether they can be a “neutral arbiter of fair labor practice.” Workers deserve an NLRB that will uphold their rights such as paycheck protection, the secret ballot, and employee choice. Having an NLRB that does nothing but drive the agenda of fat cat union bosses is nothing but a disservice to the millions of workers across the country, who expect the body to be nothing more than fair to them.