Washington, DC (April 26, 2012)<\/b> \u2013 National Right to Work Foundation attorneys filed two appeals with the U.S. Appeals Court for the Seventh Circuit in Chicago to challenge President Barack Obama’s recent purported recess appointees to the National Labor Relations Board (NLRB).<\/p>\n
The appeals stem from two cases, Richards, Yost, & Echegaray v. Steelworkers<\/i> and Lugo v. International Brotherhood of Electrical Workers<\/i>, in which union bosses illegally forced workers to annually renew their objections to paying full union dues. Such schemes, designed to force workers into full-dues-paying union membership, are a clear violation of federal law and the NLRB found that to be the case here.<\/p>\n
However, the NLRB \u2013 filled with President Barack Obama’s legally-suspect appointments \u2013 only applied their ruling to the workers involved in the cases and not retroactively to all workers who have objected in the past to paying full union dues to the respective unions.<\/p>\n
As Foundation attorneys appeal to have the Board rulings applied retroactively, Foundation attorneys will again challenge Obama’s move to install three members to the NLRB as \u00abrecess appointees\u00bb in January despite the fact that the U.S. Senate was not in recess. Foundation attorneys have argued that the appointments are unconstitutional and, therefore, the Board lacks the quorum necessary to hear any cases. When Foundation attorneys raised the issue in these two cases, the Board declared the appointments to be valid.<\/p>\n
If Obama’s NLRB appointments are unconstitutional, then the Board has only two valid members and lacks a quorum to enact rules or enforce federal labor law under a U.S. Supreme Court precedent issued in 2010. Foundation attorneys anticipate that the issue will eventually reach the Supreme Court.<\/p>\n
Foundation attorneys were among the first to challenge the constitutionality of Obama’s \u00abrecess appointments\u00bb in federal court with an earlier motion challenging the appointments in another case involving the NLRB’s new posting notice rules. That motion was denied by an Obama-appointed judge in the U.S. District Court for the District of Columbia.<\/p>\n
\u00abBarack Obama’s so-called recess appointments to the Labor Board clearly violate the U.S. Constitution,\u00bb said Mark Mix, President of the National Right to Work Foundation. \u00abBecause the Board does not have a legitimate quorum, it must cease handing down lopsided rulings in Foundation cases until a legitimate quorum is established.\u00bb<\/p>\n","protected":false},"excerpt":{"rendered":"
Washington, DC (April 26, 2012)<\/b> \u2013 National Right to Work Foundation attorneys filed two appeals with the U.S. Appeals Court for the Seventh Circuit in Chicago to challenge President Barack Obama’s recent purported recess appointees to the National Labor Relations Board (NLRB).<\/p>\n
The appeals stem from two cases, Richards, Yost, & Echegaray v. Steelworkers<\/i> and Lugo v. International Brotherhood of Electrical Workers<\/i>, in which union bosses illegally forced workers to annually renew their objections to paying full union dues. Such schemes, designed to force workers into full-dues-paying union membership, are a clear violation of federal law and the NLRB found that to be the case here.<\/p>\n","protected":false},"author":8,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[888],"tags":[],"class_list":["post-3021","post","type-post","status-publish","format-standard","hentry","category-news"],"yoast_head":"\n