Senate 

Federal Appeals Court Strikes Down Obama Labor Board Recess Appointments

News Release

Federal Appeals Court Strikes Down Obama Labor Board Recess Appointments

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

Washington, DC (January 25, 2013) – Today, the U.S. Court of Appeals for the District of Columbia Circuit 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 jointly with the Landmark Legal Foundation in the case, Noel Canning v. NLRB.

The brief was filed for four workers who are receiving free legal assistance from National Right to Work Foundation staff attorneys in cases pending before the Board.

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

"Today, the court agreed with Foundation attorneys: Barack Obama's so-called recess appointments to the National Labor Relations Board clearly violate the U.S. Constitution. Because the U.S. Senate was not in recess the President could not make the appointments to the NLRB without Senate confirmation.

"As a result, the Board has lacked a quorum since January 3, 2012, and under a U.S. Supreme Court precedent established in 2010, the court's ruling invalidates the Board's biased and decidedly pro-Big Labor rulings since that time. The court's decision in Noel Canning is a victory for independent-minded workers who have received unjust treatment at the hands of the pro-Big Labor NLRB and will hopefully serve as a persuasive example to other federal courts deciding on the validity of Obama's purported recess appointments."

Click here to see the press release.

Arizona Fry's Workers File Brief Challenging Obama NLRB "Recess Appointments"

News Release

Arizona Fry's Workers File Brief Challenging Obama NLRB "Recess Appointments"

Union officials' illegal forced-dues scheme violated possibly thousands of workers' rights

Washington, DC (December 19, 2012) – With free legal assistance from the National Right to Work Foundation, several employees from Fry's Food Stores locations in Arizona are challenging President Barack Obama's recent purported recess appointments to the National Labor Relations Board (NLRB).

Shirley Jones of Mesa, Karen Medley and Elaine Brown of Apache Junction, Kimberly Stewart and Saloomeh Hardy of Queen Creek, and Tommy and Janette Fuentes of Florence initially filed federal unfair labor practice charges against the United Food & Commercial Workers (UFCW) Local 99 union hierarchy and Fry's management after union and company officials continued to seize union dues from their paychecks despite repeated requests to stop.

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Workers Challenge Obama Labor Board Recess Appointments in Federal Appeals Court

News Release

Workers Challenge Obama Labor Board Recess Appointments in Federal Appeals Court

Attorneys argue purported recess appointments are invalid because Senate was not in recess

Washington, DC (October 1, 2012) – National Right to Work Foundation staff attorneys filed a brief in yet another legal battle over President Barack Obama's purported "recess appointments" to the National Labor Relations Board (NLRB).

Foundation attorneys filed the amicus curiae brief jointly with the Landmark Legal Foundation on Wednesday in the case Noel Canning v. NLRB, pending now before the U.S. Court of Appeals for the District of Columbia Circuit.

The brief was filed for four workers who are represented by their Foundation attorneys in cases pending before the NLRB.

Click here to read the full release.

Mechanic Challenges Obama Recess Appointments in Federal Court

News Release

Mechanic Challenges Obama Recess Appointments in Federal Court

Right to Work Foundation attorneys argue purported recess appointments are invalid because Senate was not in actual recess

Columbus, OH (August 17, 2012) – A Columbus-area Center City International Trucks mechanic is challenging in federal court President Barack Obama's recent purported recess appointments to the National Labor Relations Board (NLRB).

With free legal assistance from National Right to Work Foundation staff attorneys, Kyle Chilton filed his legal challenge with the U.S. District Court for the Southern District of Ohio on Friday.

Chilton's case stems from a battle over a petition he and his coworkers signed asking for a vote to remove the International Association of Machinists (IAM) union from his workplace. A three-member panel of the NLRB dismissed Chilton's petition. The decision means that Chilton and his coworkers cannot submit another petition for at least three years. Two of Obama's three purported recess appointments to the Board participated on the panel.

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Worker Advocate Challenges Obama Recess Appointments in Federal Court

News Release

Worker Advocate Challenges Obama Recess Appointments in Federal Court

Attorneys argue purported recess appointments are invalid because Senate was not in actual recess

Washington, DC (August 13, 2012) – National Right to Work Foundation staff attorneys filed a brief in the high-profile legal battle over President Barack Obama's recent purported recess appointments to the National Labor Relations Board (NLRB).

Foundation attorneys filed the amicus curiae brief on Monday in the case Center for Social Change, Inc. v. NLRB, pending now before the U.S. Court of Appeals for the District of Columbia Circuit.

Click here to read the full release.

Workers Challenge Obama NLRB "Recess Appointments" in Federal Appeals Court

News Release

Workers Challenge Obama NLRB "Recess Appointments" in Federal Appeals Court

Worker advocate argues Labor Board does not have legitimate quorum to hear pending cases because Congress was not in actual recess

Chicago, IL (July 30, 2012) – Four workers filed a brief today in the U.S. Court of Appeals for the Seventh Circuit in Chicago challenging President Barack Obama's recent purported recess appointees to the National Labor Relations Board (NLRB).

David Yost and Ronald Echegaray of Morgantown, West Virginia, Doug Richards of Ligonier, Indiana, and John Lugo of Chicago, Illinois filed the brief with free legal assistance from National Right to Work Foundation staff attorneys.

Click here to read the full release.

Local Bus Driver Moves to Disqualify Phony Obama ‘Recess Appointees’ from Federal Case

News Release

Local Bus Driver Moves to Disqualify Phony Obama ‘Recess Appointees’ from Federal Case

National Right to Work Foundation staff attorneys again argue that NLRB does not have legitimate quorum to hear cases

Seattle, Washington (June 5, 2012) – With free legal assistance from National Right to Work Foundation attorneys, a Sandy, Oregon, bus driver has filed a motion seeking to disqualify President Obama's purported recess appointees to the National Labor Relations Board (NLRB) from his case.

The legal challenge is part of an ongoing controversy over the constitutionality of Obama's move to install three NLRB members as "recess appointees" despite the fact that the U.S. Senate was not in recess.

Read the entire release here.

News Release: Right to Work Foundation Attorneys Move to Disqualify Controversial Recess Appointees from Six Cases

News Release

Right to Work Foundation Attorneys Move to Disqualify Controversial Recess Appointees from Six Cases

Argue Labor Board does not have legitimate quorum to hear pending cases

Washington, DC (January 30, 2012) – Today, National Right to Work Foundation attorneys filed motions with the National Labor Relations Board (NLRB) to disqualify President Barack Obama's recent purported recess appointees to the agency from participating in the Foundation's six cases pending before the Board.

Foundation attorneys argue that the appointments are unconstitutional and, therefore, the Board lacks the quorum necessary to hear Foundation cases. This legal challenge is part of an ongoing controversy over the constitutionality of Obama's recent move to install three members to the NLRB as "recess appointees" despite the fact that the U.S. Senate was not in recess.

Foundation attorneys also were among the first to challenge the constitutionality of Obama's "recess appointments" in federal court. An earlier motion challenging the appointments, filed by the Foundation and other plaintiffs challenging the NLRB’s notice posting rules, is pending in the U.S. District Court for the District of Columbia.

Read the entire release here.

Read one of the Foundation attorneys' motions to disqualify the "recess appointees" here.


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