Why is the NLRB Still Meeting?
Almost two months after the NLRB’s appointees were declared unconstitutional by the DC Circuit Court of Appeals, the NLRB continues to operate as if nothing has happened. The board has remained silent since the court voided hundreds of decisions and now seems determined to defy this crucial ruling. While the NLRB has up to 45 days to file an appeal of the court’s decision, there is a growing expectation that the board and White House will simply ignore the law and continue to hold themselves to a completely different standard than the one everybody else has to follow.
Upon hearing the ruling, AFL-CIO President Richard Trumka called the ruling “radical” and “shocking.” Reeling from their appointments defeat, the White House echoed those statements describing the decision as “novel” and “unprecedented.” Setting aside for a minute that the administration completely circumvented a little know process called advice and consent, one might be able to understand their disappointment in the court upholding the Constitution.
With the appeals deadline quickly approaching, all eyes will be on the NLRB. Richard Trumka offered a parting shot to the court saying, “[w]e fully expect this radical decision to be reversed.” Best of luck with that Richard.