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Politics : American Presidential Politics and foreign affairs -- Ignore unavailable to you. Want to Upgrade?

To: TimF who wrote (65063)	5/20/2013 12:08:45 AM
From: greatplains_guy	3 Recommendations Respond to of 71588

Second appeals court invalidates Obama's NLRB recess appointments By TAL KOPAN \| 5/16/13 12:10 PM EDT A second appeals court has joined the D.C. Circuit in ruling that President Barack Obama’s recess appointments to the National Labor Relations Board were unconstitutional, concluding that some board actions taken in the wake of those appointments were also invalid. The issue has far-reaching implications for both the NLRB and other boards, including Obama’s Consumer Financial Protection Bureau, which has been a frequent target of conservatives and whose director was a recess appointment. The 2-1 decision Thursday from the U.S. Court of Appeals for the Third Circuit (posted here) found that the presidential recess appointment power is limited to breaks between sessions of Congress, not breaks within sessions or other adjournments during which the Senate might meet in pro forma sessions. The reasoning mirrors that in a ruling of the D.C. Circuit Court in January. The 3rd Circuit case centered on decisions the NLRB made on the authority of three members including Craig Becker, who was appointed by the president on March 27, 2010, while the Senate was adjourned for two weeks. The case was brought by a New Jersey nursing and rehabilitation center whose nurses were allowed to form a union by one such NLRB decision. The facility, New Vista, contended that the board’s decision was invalid because it did not have enough members active when the decision was issued because the naming of Becker to the board was not a valid recess appointment. The NLRB must have three members participate in a decision for it to be valid, and the court found that because Becker was not appointed during a break between sessions of Congress, he was not a valid member of the board and thus invalidated the NLRB’s orders. The opinion, written by Judge D. Brooks Smith, said the recess clause of the Constitution should be read not just to give the president executive power, but also to preserve the “advice and consent” role of the Senate. In his dissent, Judge Joseph. A Greenaway Jr. said the majority’s reading of the clause was needlessly narrow and ignored the Founding Fathers' intent to give the president the ability to act when the Senate is not available to “advise and consent.” The administration late last month petitioned the Supreme Court to overturn the D.C. Circuit Court’s ruling on the issue. The decision comes the same day that the Senate Help Subcommittee held a hearing on five nominations to the NLRB. Sen. Tom Harkin said they nominations would be moved next Wednesday. politico.com

To: TimF who wrote (65063)	6/1/2013 8:48:23 AM
From: greatplains_guy	1 Recommendation Read Replies (1) \| Respond to of 71588

Cablevision Defies Nlrb -- Says It's Illegal 31 May 2013 Cablevision has asked a federal appeals court in Washington DC to rule that The National Labor Relations Board has no authority to take action against it since it lacks a quorum. The cable company, which principally operates in the New York City area, claims that President Obama acted illegally when he appointed three members to the five-member NLRB without Senate approval last year while Congress was in session. The NLRB said last month that it planned to file a complaint against Cablevision, charging it with making illegal threats to prevent employees from joining the Communications Workers of America, which has been seeking to organize Cablevision's employees. The board also claimed that Cablevision had offered raises to its workers in an effort to prevent them from joining the union. And the CWA has charged that Cablevision fired 22 staff members who joined the union. Cablevision has called the complaints baseless. Deadline.com reported that at least three CWA supporters disrupted a presentation by Cablevision CFO Gregg Seibert at an investors conference in New York today, one of them shouting, Greedy people like yourself and like the owner of Cablevision James Dolan refuse to give workers a fair contract. contactmusic.com