The National Labor Relations Board
Remember about a year ago when Obama did a
recess appointment for three positions at the NLRB? This was when Congress was not in recess.
There is some push-back going on -- from the
Washington Examiner:
Court orders NLRB to justify continuing operation in wake of recess appointee ruling
The U.S. Court of Appeals for the District of Columbia today ordered the National Labor Relations Board to respond to a petition by a pro-business group that it suspend any further action in a Rhode Island case. The same court had earlier ruled that two of the three current board members were appointed unconstitutionally. Should the court grant the petition, it could force the NLRB to cease all activity.
�We are not asking the court to shut down the Board, but it may have that effect. If the court shuts down the NLRB in this case, why not another other case? This will open the door for challenges in the other cases that have the potential to be invalidated by the court�s decision last month,� said Anthony Riedel, spokesman for the National Right To Work Legal Defense Foundation, which filed the petition.
A bit more:
The NRTW�s action followed a decision last month by the court which said the White House had overreached when it recess appointed three people to the five-member board in January 2012. Republican lawmakers had argued the Senate wasn�t actually in recess at the time. The court�s decision effectively said that the appointments of boardmembers Sharon Block and Richard Griffin (the third appointee, Terrence Flynn, had since stepped down) were null and void.
That threw into doubt every decision of the board since the appointments. Without Block and Griffin, it would have lacked a quorum to act.
The Courts move slowly but they do move...
Posted by DaveH at February 23, 2013 9:31 AM