Thursday, May 16, 2013
A Second Court Finds Presidents “Recess” Appointments Illegal
NJECPAC applauds the Third Circuit US Court of Appeals' decision that declares the Presidents National Labor Relations Board (NLRB) recess appointments illegal. The Third Circuit is the second court to do so.
The decision in New Vista Nursing and Rehabilitation v NLRB is the second such to deal a blow to the Obama administration. The other, Noel Canning v. NLRB was supported by business organizations, including CDW of which NJECPAC Sustaining Member New Jersey-IEC is a Member.
Coalition for a Democratic Workplace chairman Geoffrey Burr said, “This is yet more evidence the President went outside his constitutional authority and wrongly circumvented the role of the Senate as the administration attempted to stack the deck in favor of organized labor. Simply calling a long weekend a ‘recess’ in order to pack the NLRB was wrong, and so is the President’s effort to renominate those individuals who illegally held posts within the Board.”
Now that two courts have ruled against the Presidents illegal NLRB appointments, New Jersey IEC will also urged the President to withdraw his current nominations and provide new more qualified nominees for consideration by the US Senate.
The decision in this case can be viewed here: