Another Federal Appeals Court Strikes Down Obama Labor Board Recess Appointments

Purported recess appointments were invalid because Senate was not in recess

Washington, DC (May 16, 2013) – Today, the U.S. Court of Appeals for the Third Circuit struck down one of President Barack Obama's purported "recess appointments," dating back to March 27, 2010. Earlier this year, the U.S. Court of Appeals for the District of Columbia Circuit struck down two other Obama so-called "recess appointments" to the Board.

Mark Mix, President of the National Right to Work Foundation, issued the following statement in light of the court's decision:

"Today, another federal appeals court has invalidated one of President Barack Obama's so-called 'recess appointments' to the National Labor Relations Board. As National Right to Work Foundation attorneys have argued in several courts, the Obama 'recess appointments' have clearly violated the U.S. Constitution.

"As a result, the Board has lacked a quorum since at least August 2011, and under a U.S. Supreme Court precedent established in New Process Steel, L. P. v. NLRB (2010), the Board's biased and decidedly pro-Big Labor rulings since then are therefore invalidated. Over 1,500 NLRB decisions may be invalid as a result. This underscores the constitutional chaos this President has created by gaming the system for union bosses.

Click here to read the full release.

Teamster Union Faces Charges for Papering Over Indy Domtar Workers' Rights

Union and company officials ignore Indiana's Right to Work law

Indianapolis, IN (May 15, 2013) – Six Indianapolis-area Domtar Paper Company (NYSE: UFS) workers have filed federal charges against a local Teamster union and the company for violating their right to refrain from dues-paying union membership.

With free legal assistance from National Right to Work Foundation staff attorneys, Broatus Lambert, Lawrence Langworth, Christopher McKay, Kenneth Rosenfeld, Kevin Schrader, and William Schwier filed the unfair labor practice charges with the National Labor Relations Board (NLRB).

The six workers all exercised their right under Indiana's recently-enacted Right to Work law to refrain from membership and dues payments in the Teamster union-affiliated Graphic Communications International (GCI) Union, Local 17M. Under Indiana's Right to Work law, no worker can be required to pay union dues as a condition of employment.

Click here to read the full release.

Nurse Union Faces Federal Suit for Selling out Workers

Union organizers’ intimidation sways outcome of unionization election

Massillon, OH (May 14, 2013) – Four local nurses have filed a federal lawsuit against the National Nurses Organizing Committee (NNOC) union for violating its duty of fair representation by striking a backroom deal with company management in exchange for its assistance with unionizing its nurses.

With free legal assistance from National Right to Work Foundation staff attorneys, Affinity Medical Center nurses Cinda Keener, Susan Kelley, Ryan Chizmadia, and Katherine Manfull filed the lawsuit with the U.S. District Court of the Northern District of Ohio Eastern Division in Akron.

NNOC union organizers and Community Health Systems (CHS) management entered into a "neutrality agreement" designed to help the union organizers impose monopoly bargaining on all the nurses at Affinity and at least two other CHS hospitals. In the agreement, union organizers were given preferential access to the facility and conducted a "quicksnap" unionization election.

Click here to read the full release.

In an ongoing Foundation case, seven additional Caterpillar (NYSE: CAT) workers have filed federal charges with the National Labor Relations Board (NLRB) against a Chicago-area Machinist union for violating their rights and levying retaliatory strike fines against them.

The seven workers join 41 other workers who have filed similar charges to date with free legal assistance from Foundation attorneys. The charges come after International Association of Machinists (IAM) District Lodge 851 union bosses ordered over 800 Joliet, Illinois Caterpillar workers on strike. Over a hundred workers continued to work despite the IAM union boss-instigated strike.

Under federal law, workers who are not voluntary union members are exempt from the union hierarchy's constitution and bylaws and thus cannot be disciplined for continuing to work during a union boss-ordered strike. However, IAM Local 851 union bosses recently levied fines totaling over a million dollars against the workers for continuing to work during the strike.

Two workers' charges were settled in December, and the remaining 46 workers whose cases have not been resolved all allege that they were never truly voluntary union members. Multiple workers allege that union militants also threatened them with violence, and one alleges that union militants physically assaulted his wife and child.

For more information about this and other Right to Work Foundation cases, please stay tuned to the Foundation's Freedom@Work blog.

Foundation staff attorney, Ave Maria law professor, and former National Labor Relations Board (NLRB) Member John Raudabaugh has published his latest installment to the Foundation's "NLRB Watch" blog feature.

In "NLRB Watch" #8, titled "What the Noel Canning Decision Means for NLRB Cases," Raudabaugh charts what cases may be subject to challenge in the wake of the U.S. Court of Appeals for the District of Columbia's ruling last month invalidating President Barack Obama's controversial purported "recess appointments" to the Board. The court held President Obama could not constitutionality make those appointments without U.S. Senate confirmation because the Senate was not in recess. National Right to Work Foundation staff attorneys filed an amicus curiae brief jointly with the Landmark Legal Foundation in the case.

As a result of the court's ruling, since at least January 3, 2012, the Board has lacked a quorum as required by a U.S. Supreme Court precedent established in 2010, thus invalidating the Board's rulings since that time. Click here to see a chart displaying the many cases invalidated by the court's decision in Noel Canning.

Click here to read other posts located at the "NLRB Watch" page. And be sure to follow the National Right to Work Foundation on Facebook and Twitter to get alerts on new "NLRB Watch" posts!

Ravenswood Steelworker Union Hierarchy Faces Federal Charges in Wake of Strike Intimidation

Union officials threaten workers who refused to abandon their jobs

Ravenswood, WV (May 9, 2013) – Four Constellium Rolled Products workers have filed federal charges against a local Steelworker union in the wake of last summer's union-instigated strike against the company.

With free legal assistance from National Right to Work Foundation staff attorneys, the Constellium employees filed the unfair labor practice charges with the National Labor Relations Board (NLRB).

The four workers resigned their union membership in the United Steelworkers (USW) Local 5668 union before they continued to work during the strike. Under federal law, workers who refrain from union membership are exempt from the union hierarchy's constitution and bylaws and thus cannot be disciplined for continuing to work during a union boss-ordered strike.

In late March, the four workers received threatening letters from USW Local 5668 union officials stating that the union hierarchy intends to levy retaliatory strike fines against the workers at "the maximum penalty allowed." Union officials also stated that the workers will be placed "at the bottom of the seniority list," which is a clear violation of federal labor law.

Click here to read the full release.