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Latest News - February 2013

February 21, 2013
House leaders urge NLRB action
Source: Legal Newsline
By: Chris Dickerson,

Congressional leaders have asked President Obama and the chairman of the National Labor Relations Board to take action in wake of a recent court ruling.

In letters sent Feb. 13, the leaders asked Obama to nominate “four qualified individuals” to the NLRB immediately and asked NLRB Chairman Mark Pearce to have the board “immediately cease all activity” until appointments are confirmed.

On Jan. 25, the D.C. Circuit Court of Appeals granted the petition of Noel Canning against the NLRB on the basis that the Board lacked a sufficient quorum of members when it reached a decision regarding Noel Canning. That was based on the fact that Obama appointed three of the NLRB’s five members without Senate confirmation on Jan. 4, 2012, with recess appointments. But Noel Canning argued that the Senate was in pro forma session, making Obama’s appointments invalid.

“Until a constitutionally appointed board is seated, uncertainty will reign in labor-management relations to the determent of America’s workers, employers and unions,” the leaders wrote in the letter to Obama. “Your immediate action is necessary to restore faith in the board and the Constitution’s appointment process.”

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