Appeals Court Invalidates “Recess” Appointments to NLRB

Appeals Court Invalidates “Recess” Appointments to NLRB

Last Friday’s opinion by the D.C. Circuit Court of Appeals was a profound blow to Big Labor’s aspirations to achieve card check through use of regulatory action (see blog Card Check through Regulation vs. Legislation), especially after the re-election of President Obama and recent decisions by the pro-labor NLRB to extend Big Labor’s political money pump (see Pro-Union NLRB Primes Union Money Pump. ). Card Check, Big Labor’s most coveted prize, is big labor’s only true means to survive and avoid extinction. Big Labor not only needs favorable NLRB decisions to allow Card Check-type benefits through ruthless Corporate Campaigns, but it also needs unfettered use of membership dues to influence politicians and maintain its grip on public sector employees while it rebuilds its membership in the private sector. The President, through recess appointments of radical members, was determined to pay back his Big Labor buddies for their major role in his re-election. The recess-appointed NLRB members have been intent on carrying out this mission.

Thankfully, the three branch system of checks and balances created by our founding fathers performed as designed, and thwarted the President’s attempt to Rule by Fiat, as the D.C. Court of Appeals overturned the President’s unconstitutional power grab (see  Appeals Court Nixed Obama’s Recess Appointments.). Although this decision primarily affects judicial decisions made by the NLRB, it is truly the tip of the iceberg with respect to the impact it has on the NLRB’s ability to create an environment conducive to Big Labor’s Persuasion of Power  utilized during Corporate Campaigns to force businesses to capitulate, to bypass the secret ballot election, and to force union representation upon employees through the ruthless method of  Card Check. This decision, in the interim, may for all intensive purposes “handcuff” the NLRB operations, as they will most likely be hesitant to move forward with future decisions and regulation changes until the appeal process is exhausted. Ultimately, so long as it is not overturned by the United States Supreme Court, the decision could shift the balance of power on the board, as the ruling severely restricts recess appointment of future board members as chronicled in the following article.

“Friday’s opinion of the D.C. Circuit found that this interpretation of the Recess Appointments Clause is incorrect.  Instead, the D.C. Circuit held that the President can only make appointments during “the Recess” of the Senate, which the Court interpreted to mean the time between official sessions of the Senate, as opposed to any significant break during a legislative session. These “Recesses” – i.e. time between official sessions of the Senate – often occur only at the end of the year and for a few number of days, if at all.  Accordingly, this interpretation severely limits the opportunities of the President to make recess appointments and allows the Senate to prevent recess appoints from occurring by never officially adjourning sessions of the Senate.

This alone would be a significant departure from current and prior administrations’ interpretation of recess appointments, but the D.C. Circuit added an additional wrinkle by holding not only that the President can only make appointments during official recesses of the Senate, but that these appointments can only be for positions that become vacant during the recess.  The prior understanding of the Recess Appointments Clause was that it allowed the President to fill any position that was vacant at the time of the recess, not just those that become vacant during the recess.”

This brave and thoughtful decision by the D.C. Court compliments actions by the United States Congress (see Congress Fights Back. Recent NLRB Power Grab Takes the Center Stage… in Court. ) and other courts to reign in the out of control pro-labor NLRB and to protect employees across the nation from forced unionism.

Since the publication of my first book The Devil at My Doorstep and the sequel The Devil at Our Doorstep, I have written extensively about Big Labor’s survival tactics of Overwhelming the System through Death by a Thousand Cuts campaigns utilized to force unionize people across the country. This goal can only be achieved through a Presidential appointed Rogue NLRB. I will not belabor what I have written before, but invite you to read the past blogs below, which succinctly lay out the agenda of Unions versus Business Obama-Style. Finding Obama Unconstitutional is the only hope for the free market system and the future of this great country. The President and his Big Labor allies understand the mantra “Control Business, Control the Country.” It is time we wake up and take back control of our businesses.  Please take a look at the blogs listed below for more information and consider getting involved, as this is just the tip of the iceberg and America should Be Afraid of what lies beneath the surface.

David A. Bego is the President and CEO of EMS, an industry leader in the field of environmental workplace maintenance, employing nearly 5000 workers in thirty-three states. Bego is the author of “The Devil at My Doorstep,” as well as the just released sequel, “The Devil at Our Doorstep,” based on his experiences fighting back against one of the most powerful unions in existence today.


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