Workforce Fairness Institute


When President Obama tried to stack the National Labor Relations Board with as many union cronies as possible, he ignored the U.S. Constitution in the process. He went full steam ahead with his appointment of Richard Griffith and Sharon Block to the rogue labor board. As Tennessee Senator Bob Corker put it: “There no question that what happened with the NLRB was abusive.” On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit reminded the president that he isn’t above the Constitution. The ruling dealt a big blow to Big Labor.

Recess appointments are, as their name suggests, supposed to take place when the Senate is in recess and cannot do its constitutional duty to confirm presidential appointees. In January 2012, when President Obama used this power to appoint three labor-backed members to the board, the Senate was, in fact, not in recess. As the Court of Appeals said in its decision, “Considering the text, history, and structure of the Constitution, these appointments were invalid from their inception.” This also means that every ruling issued since Griffith and Block’s appointment could very well be invalid – since they were illegal appointments in the first place.

Read more about this on our blog,

Court of Appeals Rules Obama Recess Appointments Were Unconstitutional

Obama Labor Board Checked By The Courts

Writing Is On The Wall: Time For Griffin & Block To Go

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