Skip to main content

National Labor Relations Board seal
Thanks to Republican obstruction, a bizarrely sweeping appeals court decision, and the Senate punting on meaningful filibuster reform, the National Labor Relations Board is operating under massive uncertainty, having the quorum it needs to function at all only due to recess appointments that the court decision declared invalid (by a logic that would invalidate hundreds of past recess appointments). The stakes for workers and labor law are high, the AFL-CIO executive council notes:
As long as Noel Canning [the appeals court decision invalidating the recess appointments] stands, any employer can delay liability for violating the NLRA by challenging the NLRB’s decision in the District of Columbia Circuit, because that court is deferring action on all NLRB cases pending Supreme Court review of the Noel Canning decision. As a practical matter, this means the NLRB will not be able to enforce the law effectively for workers unless and until the Supreme Court reverses Noel Canning, the District of Columbia Circuit unfreezes pending cases, and those cases are decided—probably well into 2015. In the meantime, employers escape liability for violating the law. And they are brazenly and outrageously trying to exploit and extend the logic of Noel Canning to challenge elections, injunctions and other actions by the NLRB, causing further chaos and uncertainty for workers.
The AFL-CIO is calling on President Obama to renominate the recess appointees and to nominate the two Republicans needed to fill out the NLRB, and for the Senate to confirm them. That won't undo the uncertainty imposed on decisions under the recess appointees by the D.C. appeals court, but it will at least allow for the enforcement of labor law moving forward. And, once the president has made nominations, the labor federation's executive council insists:
Senate Majority Leader Harry Reid must use every means available to win confirmation of this package of nominees. If Senate Republicans exploit the Senate rules and try to filibuster the President’s nominees, Senator Reid should take all necessary steps to overcome the filibuster, and if not successful, lead an effort to change Senate rules so the President’s nominees cannot be blocked by the minority.
Tell Harry Reid: Re-open filibuster reform in light of continued Republican obstructionism.

Originally posted to Daily Kos Labor on Wed Feb 27, 2013 at 10:39 AM PST.

Also republished by In Support of Labor and Unions.

EMAIL TO A FRIEND X
Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags

?

More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site