RNC Research

The U.S. Court Of Appeals For The D.C. Circuit “Ruled That President Barack Obama Violated The Constitution When He Bypassed The Senate To Fill Vacancies” On The NLRB. “A federal appeals court has ruled that President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel. The U.S. Court of Appeals for the D.C. Circuit says Obama did not have the power to make recess appointments earlier this year to the National Labor Relations Board.” (Sam Hananel, “Court: Obama Appointments Are Unconstitutional,” The Associated Press, 1/25/13)

The Court Ruled That “Considering The Text, History, And Structure Of The Constitution, These Appointments Were Invalid From Their Inception.” “The court found that the Senate was not actually in recess when Obama appointed three members to the board. ’[T]he President made his three appointments to the Board on January 4, 2012, after Congress began a new session on January 3 and while that new session continued,’ the court wrote in its decision. ‘Considering the text, history, and structure of the Constitution, these appointments were invalid from their inception.’” (Donovan Slack, “Appeals Court Rules Obama Recess Appointments Unconstitutional,” Politico, 1/25/13)

OBAMA HAS A RECORD OF USING RECESS APPOINTMENTS FOR THE NLRB

Obama “Bypassed The U.S. Senate” To Appoint Three Members To The NLRB. “President Barack Obama bypassed the U.S. Senate and summarily installed Richard Cordray, the former Ohio attorney general, as director of the Consumer Financial Protection Bureau yesterday. Hours later, Obama filled three vacancies on the National Labor Relations Board, possibly the only agency Republicans dislike more than the consumer bureau.” (Editorial, “Obama Chooses Politics Over Principle In Naming Cordray: View,” Bloomberg, ¼/12)

• Obama Pushed NLRB Recess Appointments Despite The Senate Not Having Time To Go Through “Normal Vetting Process”. “The White House’s case is weaker on the NLRB, given that two of the nominations were made days before the Senate left town in December, meaning committees have not had a chance to hold hearings or force the nominees through the normal vetting process.” (Humberto Sanchez and Steven T. Dennis, “Recess Picks Still Open Question,” Roll Call, 1/9/12)

• “The White House Called These 'Recess Appointments,’ Even Though Congress Technically Wasn’t In Recess. In Doing So, The President Is Playing With Fire.” (Editorial, “Obama Chooses Politics Over Principle In Naming Cordray: View,” Bloomberg , ¼/12)

Obama Recess Appointed Craig Becker, A Former Lawyer For Both SEIU And AFL-CIO, To The NLRB After His Nomination Was Blocked By The Senate. “Despite intense Republican objections, President Obama on Saturday used recess appointments to fill 15 administration posts without Senate confirmation, including Craig Becker to the National Labor Relations Board. … All 41 Senate Republicans wrote Obama this week urging him not to use a recess appointment for Becker, a former top lawyer with Service Employees International Union and the AFL-CIO, whose nomination was rejected by the Senate last month, 52-43.” (Kevin Bogardus, “Obama Makes Labor Board Appointment During Recess Over GOP Objections,” , 3/27/10)

Obama’s NLRB Appointee Richard Griffin Is From The International Union Of Operating Engineers. “IUOE is tied to a number of criminals and mobsters, among them: Andrew Merola, a ranking member of the Gambino crime family, who admitted to 9 separate acts of racketeering in connection with a no-show job with the union. Joel Waverly Cacace Sr., acting boss of the Colombo crime family, who is currently serving a 20-year prison sentence. He conspired with members of the union to secure a no-show job for his son.” (Stephen Elliott, NLRB Appointee’s Union Has Mob Ties,“ The Daily Caller, 6/22/12)

OBAMA’S NLRB IS JUST ANOTHER ARM OF LABOR UNIONS

"The NLRB Is Supposed To Be An Independent Outfit That Ensures Fair Labor Practices, But Under This Administration It Has Become Hyper-Politicized And An Advocate For Unions.” (Editorial, “The Union 'Quickie,’”The Wall Street Journal , 6/22/11)

The National Labor Relations Board Is “Filled With Obama’s Appointees,” And Has Made It “Easier For Unions To Organize.” “The National Labor Relations Board and other agencies filled with Obama’s appointees have made it easier for unions to organize workers in the airline, railroad and health care industries.” (Sam Hananel, “Labor Unions Adjust To New Reality Under Obama,” The Associated Press , 9/4/11)