NFIB Challenges ‘Recess’ Appointments to National Labor Relations Board

Adds New Claims to “Poster Rule” Lawsuit

Alan Sexton
Green Mountain Scribes

WASHINGTON, D.C. — Amending its existing challenge to the National Labor Relations Board’s (NLRB) “Notice Posting Rule,” the National Federation of Independent Business (NFIB) today added new claims, alleging that the Board appointments issued on January 4, 2012, violate the Constitution. The amended complaint argues that the Board does not possess the authority to enforce the poster rule, as the agency is operating without a legal quorum since the three appointments last week are not permissible under the law.

“The President’s action was a surprise and terrible disappointment to small-business owners throughout the country who have suffered under the unabashedly pro-union rule-makings handed down by the NLRB,” said Karen Harned, executive director of NFIB’s Small Business Legal Center. “These alleged recess appointments are a brazen circumvention of the Congressional appointment process and raise serious legal concerns that cannot be ignored. The outrage amongst members of the small-business community is severe, and NFIB takes this action today to ensure that its members are protected from unconstitutional acts that exacerbate the NLRB’s devolution from a neutral arbiter between labor and employers to a pro-union government agency.”…

The article continues at Green Mountain Scribes.

Also at Green Mountain Scribes, Worker Advocate Challenges Constitutionality of Obama’s Controversial Labor Board Recess Appointments

National Right to Work Foundation attorneys filed a motion in federal court on Friday challenging the legality of President Barack Obama’s recent purported recess appointments to the National Labor Relations Board (NLRB).

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