Think you have union rights? What Happens if there’s no NLRB?

[Omaha Steve]

http://nhlabornews.com/2013/01/think-you-have-union-rights/

By Liz Iacobucci | January 25, 2013 | Labor, Union

Earlier today, a federal appeals court ruled that President Obama improperly appointed three members of the National Labor Relations Board in January 2012. The Court ruled that the Senate was “in session” rather than “in recess” when President Obama made the appointments, because the Senate held “pro forma sessions” – some lasting less than a minute – during their 20-day holiday break.



The Justice Department had reviewed the issue a year ago and determined that the recess appointments were constitutional. Similar cases are pending elsewhere in the country — and other appeals courts could rule differently.

NLRB Chairman Mark Gaston Pearce announced today that the Board “will continue to perform our statutory duties and issue decisions” until the question is finally resolved, most likely by the Supreme Court.

That’s probably not the short-term outcome expected by Senate Minority Leader Mitch McConnell and the 41 other GOP Senators who were part of today’s lawsuit.

FULL story at link.

[patrice]

1. K&R

[NHLabor]

2. K and R !

[Teamster Jeff]

3. Nobody had a problem with Shrubs 7 recess appointments to the NLRB

Peter J. Hurtgen (R) served under recess appointment by President Bush from 8/31/01 - 8/1/02.

Michael J. Bartlett (R) served entire term under recess appointment by President Bush. 01/22/02 - 11/22/02

William B. Cowen (R) served entire term under recess appointment by President Bush. 01/22/02 - 11/22/02

Peter C. Schaumber (R) served under recess appointment by President Bush from 9/1/05 - 8/3/06

Ronald E. Meisburg (R) served under recess appointment by President Bush from 01/12/04 - 12/08/04.

Peter N. Kirsanow (R) served under recess appointment by President Bush from 01/04/06 - 12/31/07

Dennis P. Walsh (D) serving under recess appointment by President Bush from 01/17/06 - present.

[Demo_Chris]

4. Union rights with no unions... something seems off here

[Starry Messenger]

5. Assholes. Just read about this.

http://peoplesworld.org/court-nullifies-obama-appointments-to-labor-board/

<snip>

The labor movement reacted quickly to the ruling with outright condemnation.

"Today's decision by a panel of Republican judges on the DC Circuit is nothing less than shocking," AFL-CIO President Richard Trumka said in a statement, adding that he fully expects "this radical decision to be reversed, and that other courts addressing thjs issue will uphold the President's appointment authority."

The labor movement is concerned about GOP attempts to cripple the NLRB because the board has traditionally been an important avenue used by workers in response to corporate attacks on their right to organize, among other rights at the workplace. The board came into existence in the 1930's as part of the Wagner Act and was charged by Congress at that time with guaranteeing that companies adhered to labor law. The Wagner Act under which the NLRB was created spelled out specifically that it is the policy of the United States Government to encourage collective bargaining.

<snip>

[Earth Bound Misfit]

6. K n R n/t