U.S. Court of Appeals Rejects Hearing Obama NLRB's 'Ambush Election' Appeal & More...

It’s been another bad week for union bosses and their henchmen occupying Barack Obama’s National Labor Relations Board.

Following last month’s U.S. Court of Appeals ruling that Obama’s ‘recess’ appointments to the controversial labor board were, in fact, unconstitutional, the fallout continues.


NLRB Failed Inspection

The NLRB’s Terrible Tuesday…

This past Tuesday, Obama’s unconstitutional appointees at the NLRB received another blow to their efforts to conduct union “ambush elections.”

Since last May, the NLRB has had its ambush election rules “temporarily suspended” when a U.S. District Court judge ruled the NLRB lacked a proper quorum when implementing its new rules.

Since then, the NLRB had filed to appeal the decision and was slated to be heard on April 4th by the U.S. Court of Appeals for the District of Columbia–the same Court that ruled that Obama’s ‘recess’ appointees are unconstitutional.

On Tuesday, in a one-page order, the Court of Appeals ordered that the case be removed from the calendar for oral arguments and held in abeyance.

To make matters even more complicated for the union-controlled NLRB, the attorneys at Labor Relations Today made the following observation:

As we noted two weeks ago, Noel Canning should impact decisions and rules issued by the Board during Member Becker’s term because he was a recess appointee appointed during an intrasession recess. If intrasession recess appointments are unconstitutional as set forth in Noel Canning, the Board would have had no quorum to act on the “quickie election” rules regardless of whether Hayes “participated” in the vote on the “quickie election” rule.


NLRB’s Friday Gets Freakier…

On Friday, in a case brought forth by the National Right To Work Foundation, the U.S. Court of Appeals for the DC Circuit (yes, that U.S. Court of Appeals) allowed a case to move forward that involved a recent NLRB decision involving the expanded use of non-union workers’ money to be used for politics.

As the Free Beacon explains:

The ruling stems from the National Right to Work Legal Defense Foundation’s (NRTW) appeal to an NLRB ruling that forced non-union employees to pay for union lobbying costs. National Right to Work attorney Glenn Taubman said the board’s decision violates Beck Rights, which allow employees to opt out of union.

NRTW’s appeal, however, relied more heavily on challenging the legitimacy of the board’s composition than it did the “merits of workers being coerced to pay for unions’ partisan political agenda,” according to Taubman.

“This is really just about the recess appointments,” he said. “They have no authority to act, and the courts should forbid them from acting on this case or any others.”


Although these two cases are just two in a litany of constitutionally-suspect cases, they do indicate more is on the way regarding the Obama NLRB’s legitimacy to be hearing any cases since January 2012–and, quite possibly, even before then.
“Truth isn’t mean. It’s truth.”
Andrew Breitbart (1969-2012)

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