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.

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

"As National Right to Work Foundation attorneys have argued in several courts, the Obama NLRB 'recess appointments' clearly violated the U.S. Constitution.

"As a result, the Board lacked a quorum from as early as April 2011 to August 2013, 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 case underscores the constitutional chaos this President created by gaming the system for the benefit of union bosses.

"Today's decision is a victory for independent-minded workers who have received unjust treatment at the hands of the then illegal pro-forced unionism NLRB."

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, is assisting thousands of employees in over 200 cases nationwide.

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