The National Right to Work Legal Defense and Education Foundation Inc. and other groups today filed a motion asking a federal court to hold that President Obama’s recess appointment of three members to the National Labor Relations Board was “unconstitutional, null and void,” and that the action prevents NLRB from implementing or enforcing a new rule requiring employers to post workplace notices of employee rights (Nat’l Ass’n of Mfrs. v. NLRB, D.D.C., No. 11-cv-1629, motion filed 1/13/12).
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