As part of a deal to avert a “nuclear option” to end filibuster rules in the U.S. Senate, the nominations of Richard Griffin and Sharon Block to the NLRB were withdrawn. Griffin and Block were two of the members illegally recess appointed to the board by President Obama in 2012. They were renominated by the president in February.
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The U.S. Supreme Court announced on June 24 that it will be reviewing a lower court ruling that President Obama’s early 2012 “recess” appointments of three members to the National Labor Relations Board (NLRB) were unconstitutional. The court likely will hear the case this fall.
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The National Labor Relations Board’s (NLRB) August 2011 “Notification of Employee Rights” rule was struck down by the U.S. Court of Appeals for the Fourth Circuit on June 14, making it the second appellate court to invalidate the rule this year.
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All 45 Senate Republicans, the ABC-led Coalition for a Democratic Workplace and the U.S. Chamber of Commerce have filed friend-of-the-court briefs asking for the U.S. Supreme Court to uphold a lower court ruling that President Obama’s recess appointments to the NLRB were unconstitutional.
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The U.S. Court of Appeals for the Third Circuit May 16 ruled that President Barack Obama’s recess appointments to the National Labor Relations Board (NLRB) between March 2010 and January 2012 were unconstitutional. The ruling, which supports a Jan. 25 decision by the U.S. Court of Appeals for the D.C. Circuit invalidating the January 2012 recess appointments of Democrats Sharon Block and Richard Griffin, also invalidates the March 2010 recess appointment of Craig Becker.
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ABC May 7 welcomed a decision by the U.S. Court of Appeals for the D.C. Circuit to invalidate the National Labor Relations Board’s (NLRB) “Notification of Employee Rights” notice posting rule. A three-judge panel struck down the 2011 rule, primarily on the grounds that it violated free speech rights afforded to employers under the National Labor Relations Act (NLRA).
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The NLRB April 25 filed a petition with the U.S. Supreme Court to appeal a Jan. 25 ruling that the 2012 presidential recess appointments of three members to the board were unconstitutional.
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The U.S. House of Representatives April 10 voted 219-209 to pass a bill that would stop all NLRB activity that requires a three-member quorum until the legal disputes involving the board are resolved.
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ABC Vice President of Federal Affairs Geoff Burr April 10 testified before the U.S. House of Representatives Appropriations Labor, Health and Human Services subcommittee during a hearing, “Regulatory Approaches to Foster Economic Growth.” In his testimony, Burr spoke on behalf of ABC and the ABC-led Coalition for a Democratic Workplace (CDW) about burdensome regulations and policies.
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ABC April 9 criticized President Obama’s renomination of Mark Pearce to the National Labor Relations Board (NLRB) as a move to promote the narrow policy goals of politically powerful labor unions.
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