Posts Tagged ‘NLRA’

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.

Orrin-Hatch-Press-Release-NLRB-step-down

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 […]

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VIDEO: Obama’s NLRB Appointments Ruled Unconstitutional by Federal Appeals Court

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Americans for Limited Government’s Nathan Mehrens made an appearance on a Fox News Special Report to discuss the federal appeals court ruling that Obama’s NLRB appointments were unconstitutional. See the video for more:

“Since August of 2011, you have not had a three-member board that has been confirmed by the Senate. And so under the Supreme Court’s decision in New Process Steel, this means that all those decisions are void.”

For reference, the New Process Steel case (New Process Steel v. National Labor Relations Board) held that the National Labor Relations Act (NLRA) requires that the NLRB must maintain at least three members to be able to issue decisions.

The NLRB has issued over 200 rulings since Obama’s unconstitutional appointments which could come under scrutiny and even be overturned. This is great news for companies targeted by the NLRB’s pro-labor appointees, but the decision is not final, the Supreme Court may hear the case to issue a final opinion on these decisions.

Unfortunately, simply overturning these cases will not be enough. Without serious reforms enacted to the NLRA and NLRB, Obama will simply find more pro-labor appointments to enact the same anti-employer decisions as before.

Be sure to download the NLRB Reform action plan for more information about what Americans for Limited Government is doing to stop the NLRB from damaging the economy further- treating the disease, not just the symptoms.

Nathan Mehrens from ALG on Obama's Unconstitutional NLRB Appointments

Americans for Limited Government’s Nathan Mehrens made an appearance on a Fox News Special Report to discuss the federal appeals court ruling that Obama’s NLRB appointments were unconstitutional. See the video for more: “Since August of 2011, you have not had a three-member board that has been confirmed by the Senate. And so under the […]

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