Washington, DC (March 26, 2012) – With the help of National Right to Work Foundation attorneys, seven workers moved to intervene in a D.C. Circuit Court of Appeals case that could determine if President Obama’s recent recess appointments to the National Labor Relations Board (NLRB) are constitutional.

John Lugo, Douglas Richards, David Yost, Connie Gray, Karen Medley, and Janette and Tommy Fuentes are all involved in cases pending before the Board. They seek to intervene in a federal court appeal from a recent NLRB decision which presents the issue of whether the Board had the required three-member quorum to make a ruling.

If the NLRB’s decision is upheld by the Circuit Court, the ruling would allow President Obama’s questionable recess appointees to remain on the Board. The seven Foundation-assisted workers wish to intervene to challenge the constitutionality of the appointments because they’re involved in NLRB cases that could be decided by illegally-installed Board members.

Foundation attorneys argue that President Obama’s controversial Board appointees were not legitimate because the U.S. Senate was still in session according to its own rules when the appointments were made. Consequently, the NLRB lacks the necessary quorum to issue any new rulings.

“President Obama’s latest pro-Big Labor power grab not only threatens workers’ rights, it also undermines our delicate constitutional balance,” said Mark Mix, President of the National Right to Work Foundation. “That’s why we’re helping seven hard-working citizens challenge the constitutionality of these bogus recess appointments before the Board can rule on their cases.”

In January, Foundation attorneys helped file the first legal challenge to Obama’s recess NLRB appointees. In that case, currently on appeal, a federal judge has focused on the legality of a controversial NLRB rule forcing employers to post a biased notice intended to assist aggressive union organizers.

“One way or another, we need to get to the bottom of what is a constitutional crisis,” continued Mix. “These ‘non-recess recess appointments’ are a clear violation of the Constitution, and a testament to just how far the Obama Administration will go to push Big Labor’s agenda.”

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, assists thousands of employees in more than 250 cases nationwide per year.

Posted on Mar 26, 2012 in News Releases