Think you have union rights? What Happens if there’s no NLRB? [View all]

[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.