Through the OSHA and APCA Alliance, the organizations will work together to provide the association’s members and others in the pipeline construction industry, including small businesses and non-English and limited English speaking employees, with information, guidance, and access to training resources that will help them protect employees’ health and safety. The Alliance will particularly address….

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CDW Members:

Last week, CDW and its co-plaintiffs became the first groups to legally challenge President Obama’s unlawful recess appointments of Richard Griffin, Sharon Block and Terry Flynn to the NLRB.  Press coverage of the challenge can be found here and here.

The challenge arose as part of our existing suit against the NLRB’s unlawful and biased notice posting rule.  On Friday, we filed amotion in that suit to amend our complaint.  Specifically, we and our co-plaintiffs asked the court to allow us to add a count challenging the authority of the NLRB to implement or enforce the rule with only two members. Under the Supreme Court’s New Process Steel decision, the Board must have 3 members to perform certain duties.  Our motion alleges that the recess appointments to the Board are not constitutional and thus the Board only has two legitimate members.

While we await the court’s ruling on our motion in that suit, we also are gathering resources to mount a separate legal challenge to the unlawful NLRB recess appointees.  This multi-pronged strategy is our best chance defend against the unlawful recess appointments and force the President to work with the Senate and put in place a balanced Board that will undo the damage created by Craig Becker and his anti-worker, anti-business decisions and regulations.

The Board is certain to use procedural arguments to try to delay our challenge to the recess appointees. To help us overcome these hurdles, we need your help in identifying a company with a pending matter before the Board.  Please reach out to your members and have them contact us.

Also, as I said in our last email, we need your support now more than ever.  I have attached the 2012 invoice for your convenience.  Please contribute what you can—any and all contributions are appreciated.  

Thanks, and as always, please contact me with any questions or concerns

Sincerely,

Geoff

____________________

Geoff Burr

Vice President, Federal Affairs

Associated Builders & Contractors, Inc.

The NRTW foundation, the National Federation of Independent Business, the Coalition for a Democratic Workplace, and two small businesses already are plaintiffs in consolidated lawsuits asking the U.S. District Court for the District of Columbia to block enforcement of the notice-posting rule that the board adopted in August 2011. Enforcement of the rule is presently scheduled to begin on April 30. Judge Amy Berman Jackson has not yet ruled in the case.

In the new motion, NRTW and other plaintiffs contend that even if the notice rule was otherwise legitimate, the president’s recess appointments were invalid, leaving the board without “a quorum of validly appointed members” and with no “authority to implement or enforce the Rule now or in the future.” The National Association of Manufacturers, another plaintiff in the case, did not join in the motion.

Source, BNA Daily Labor Report, January 13, 2012

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