In his latest column, LABI President Dan Juneau says a recent U.S. District Court ruling that President Barack Obama’s recess appointments of members to the National Labor Relations Board were unconstitutional “could invalidate an entire year’s worth of board decisions.” That’s because, as Juneau explains, if the recess appointees were not legally members of the board, then the NLRB did not meet the necessary legal quorum for it to conduct hearings and issue decisions. “An appeal of this case to the U.S. Supreme Court is a virtual certainty,” Juneau says. “The board’s chairman defiantly declared that they would continue to conduct their work and issue decisions irrespective of the district court ruling. This comes as no great surprise, since the goal of this board is to gain as much ground for unions as it can. While a Supreme Court decision affirming the lower court would require the board to revisit hundreds of cases later, much can be done for unions in the meantime that will be difficult to undo.” Read the full column here.
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