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Worker Advocate Seeks to Halt Obama Labor Board from Acting in Union Lobbying Case

News Release

Worker Advocate Seeks to Halt Obama Labor Board from Acting in Union Lobbying Case

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

Washington, DC (February 11, 2013) – Today, National Right to Work Foundation staff attorneys filed a petition in the U.S. Court of Appeals for the District of Columbia 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 in the wake of the court'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, 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 read the full release.

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.

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.

New Foundation Website Feature: NLRB Watch by Former NLRB Member John Raudabaugh

NLRB Watch

Today, the National Right to Work Foundation has released a new feature on its website dedicated to exposing the NLRB's pro-compulsory unionism bias and actions.

In "NLRB Watch" Foundation staff attorney, Ave Maria law professor and former National Labor Relations Board (NLRB) Member John Raudabaugh, provides his unique perspective of the Board and highlights the unprecedented actions of the Obama Labor Board.

The first two "NLRB Watch" posts are available here and here. The first installment of "NLRB Watch" addresses the Obama Labor Board's unprecedented notice posting rule change. The second installment delves into the topic of the NLRB's new "quickie elections" rule.

And be sure to follow the National Right to Work Foundation on Facebook and Twitter to get alerts on new "NLRB Watch" posts!

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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