Former NLRB chair: Appointments have been a battleground for decades

By Sean Higgins, The Washington Examiner

Former National Labor Relations Board Chairwoman Wilma Liebman had an op-ed in Politico yesterday urging the full Senate to approve the five NLRB nominees the Senate Health, Education, Labor and Pensions Committee is set to vote on tomorrow. She argues the situation at the NLRB — which currently lacks a valid quorum — is “exceptional.”

stormy seas

Rough Seas Ahead for the NLRB

The past few months have not been kind to the National Labor Relations Board, what with a DC appeals court ruling in January against the Obama Administration’s appointment of several members of the board by recess appointment, and Legislation being introduced in the Senate in February to withhold funding from these unconstitutional appointees.

3rd Circuit joins D.C. Circuit in slamming NLRB appointment

By Carlyn Kolker, Reuters

The 3rd U.S. Circuit Court of Appeals on Thursday said an appointment President Barack Obama made to the National Labor Relations Board was invalid, becoming the second circuit to question the validity of the labor board’s decisions.

Alexander Opposes Nominations Of “Unconstitutional Appointees” To NLRB

chattanoogan.com

U.S. Senator Lamar Alexander, the ranking member of the Senate Health, Education, Labor and Pensions Committee, Thursday said he would oppose the nominations of Sharon Block and Richard Griffin to the National Labor Relations Board because “they continued to decide cases after the federal appellate court unanimously decided they were unconstitutionally appointed.”

Obama Recess Appointments Violate Constitution; Another Appeals Court Rules Against the NLRB

By Hans Bader, Openmarket.org

Another federal appeals court has ruled that President Obama’s so-called “recess appointments” to the National Labor Relations Board were unconstitutional because the Senate was not in recess at the time: “We hold that the Recess of the Senate in the Recess Appointments Clause refers to only intersession breaks.”

Senate committee to vote on NLRB nominees Wednesday

By Sean Higgins, The Washington Examiner

Sen. Tom Harkin, D-Iowa, announced Thursday that the Senate Health, Education, Labor and Pensions Committee would vote on all five nominees to the National Labor Relations Board next Wednesday. Harkin’s announcement followed a two-hour hearing — which will apparently be the only hearing — on the five nominees, three of whom are currently seated on the board.

Second appeals court invalidates Obama’s NLRB recess appointments

By Tal Kopan, Politico

A second appeals court has joined the D.C. Circuit in ruling that President Barack Obama’s recess appointments to the National Labor Relations Board were unconstitutional, concluding that some board actions taken in the wake of those appointments were also invalid.

NLRB

Chaos at the NLRB

Yes, a second court has now ruled that President Obama’s “recess” appointments to the National Labor Relations Board were unconstitutional. The 2-1 decision from the Third Circuit Court of Appeals that came down on Thursday confirmed what the D.C. Circuit Court had already found – that the Obama Administration failed to secure the constitutionally-mandated “consent’ from the Senate before filling vacant NLRB seats.