40 Senators ask Unconstitutional NLRB Appointees to Step Down

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Following the statement of the National Labor Relations Board that they will not abide by the unanimous opinion of the D.C. Circuit that the appointment of three of their Members to the NLRB was unconstitutional, 40 Senators led by Sen. Orrin Hatch have signed a letter to the NLRB demanding that these appointees step down immediately:

We write to insist that you immediately leave the National Labor Relations Board, withdraw from all Board activities and stop drawing salaries and other benefits associated with the positions you purport to hold, as your purported appointments have been found constitutionally invalid. … ˜The right course of action is for you to leave the Board immediately and cease acting in an official capacity that you legally lack, and for the President to nominate new individuals and allow the Senate to provide its advice and consent. We urge you to do so.

We certainly agree with Sen. Hatch’s sentiment here, however unlikely it may be to elicit action from the appointees. However, it is encouraging to see signs from this many senators that they would not have confirmed these nominees.

Getting the NLRB’s unconstitutional appointees to step down is only the first step to NLRB Reform though. Real reform of the NLRB must address the root issues with the National Labor Relations Act. That’s why we here at Reform the NLRB have prepared the NLRB Reform action plan, which you can freely download here.


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