nlrb recess appointments 

U.S. Supreme Court Strikes Down Obama Labor Board Recess Appointments

News Release

U.S. Supreme Court Strikes Down Obama Labor Board Recess Appointments

Right to Work Foundation attorneys argued Obama's purported recess appointments were invalid because Senate was not in recess

Washington, DC (June 26, 2014) – Today, the U.S. Supreme Court struck down President Barack Obama's controversial purported "recess appointments" to the National Labor Relations Board (NLRB).

National Right to Work Foundation staff attorneys filed an amicus curiae brief in the case, Noel Canning v. NLRB. The brief was filed for the Foundation and Jeanette Geary, a worker who is receiving free legal assistance from Foundation staff attorneys in a case pending before the Board, which had been decided in part by the faux Board. Foundation staff attorneys had challenged the recess appointments in nearly a dozen other pending NLRB cases.

Click here to read the full release.

Former Rhode Island Nurse Files Brief in Obama NLRB "Recess Appointment" Supreme Court Case

News Release

Former Rhode Island Nurse Files Brief in Obama NLRB "Recess Appointment" Supreme Court Case

Invalid Labor Board negates Supreme Court's restrictions on union bosses' power to force workers to pay for union politics

Washington, D.C. (November 25, 2013) – A former Warwick, Rhode Island nurse has filed a brief with the U.S. Supreme Court in the high-profile legal battle over President Barack Obama's recent purported recess appointments to the National Labor Relations Board (NLRB).

Jeanette Geary filed the amicus brief today with free legal assistance from National Right to Work Foundation staff attorneys.

Foundation staff attorneys argue in the brief that the recess appointments are unconstitutional because the U.S. Senate was still in session per the body's rules. Therefore the President could not make the appointments to the NLRB without Senate confirmation.

Click here to read the full release.

DC Appeals Court Orders NLRB to Respond to Foundation Petition

Earlier this month, National Right to Work Foundation staff attorneys filed a petition in the U.S. Court of Appeals for the D.C. Circuit asking the court to order the National Labor Relations Board (NLRB) to suspend further action in a case that expanded union bosses' powers to charge nonmember workers for union political lobbying.

The petition was filed after the Board held that a union hierarchy could force nurses in Rhode Island to pay for union bosses' political lobbying, including lobbying in the state of Vermont.

Foundation attorneys filed the petition after the court ruled in January that President Barack Obama's controversial purported "recess appointments" to the Board are unconstitutional. The court held President Obama could not constitutionality make those appointments without U.S. Senate confirmation because the Senate was not in recess.

Today, the court ordered the NLRB to respond to the Foundation's petition within 30 days, and then allows Foundation attorneys to respond within 15 days after the NLRB responds.

The demand for briefing on the petition suggests the court's willingness to grant the writ of prohibition that would order the NLRB to cease and desist action on the Geary case. Stay tuned.


Terms of Web Site Use      Related Links: National Right to Work Committee | National Institute for Labor Relations Research

Copyright © 2010 National Right to Work Legal Defense Foundation
 National Right to Work Legal Defense and Education Foundation, Inc.
8001 Braddock Road / Springfield, Virginia 22160
(703) 321-8510 | (800) 336-3600 / (703) 321-9613 fax - general (703) 321-9319 fax - legal department