By Collin Levy, The Wall Street Journal
The National Labor Relations Board has carried on as usual since the D.C. Circuit Court of Appeals declared President Obama’s January 2012 non-recess recess appointments to the board unconstitutional in Noel Canning v. NLRB. Now, a petition from the National Right to Work Foundation is asking the D.C. Circuit Court to prevent the NLRB from ruling in an ongoing case—and getting some traction.
On Friday, the court ordered the NLRB to respond to the request for a stop-work order, indicating it considers the request worth a closer look. If the court ultimately shuts the board down from ruling on the case, it would put a major damper on the NLRB’s ability to operate until the president can get members confirmed by the Senate.
The case involves a Rhode Island nurse, Jeannette Geary, who filed an unfair labor practices charge against her nursing union for requiring her to pay the portion of her dues that covered the union’s lobbying expenses. Under the Supreme Court’s 1988 ruling in Communication Workers v. Beck, union workers cannot be required to fund the union’s political activities as a condition of their employment.