Press Releases

Congressman Larry Bucshon (IN-08) released the following statement in regards to President Obama’s recess appointments to the National Labor Relations Board (NLRB).  Congressman Bucshon is a member of the Committee on Education and the Workforce, which has jurisdiction over the NLRB.

Congressman Bucshon (IN-08) states:

“I am disappointed that President Obama would resort to his backroom, Chicago-style politics by ignoring precedence and appointing new members to the NLRB while Congress is not in recess.  The board is designed to be an impartial referee on labor issues, not a political player as President Obama has directed them.  The rules and regulations issued by the Obama administration’s NLRB have been designed to usurp the democratic process, bypass Congress, and ensure victories for their partisan, political allies.

“As a member of the Education and the Workforce Committee, I am dedicated in protecting all workers and their employers and I look forward to vigorous oversight of the NLRB.   I urge President Obama to forego this blatant political power grab and follow the rules of precedent that his own Administration espouses.”

Background:

According to National Journal, on Wednesday, January 4, 2012, President Obama made three appointments to the NLRB:  Sharon Block, currently deputy assistant secretary for congressional affairs at the Labor Department; Terence Flynn, now the chief counsel to NLRB member Brian Hayes; and Richard Griffin, general counsel for the International Union of Operating Engineers.

In 2010, Deputy Solicitor General Neal Katyal explained to the Supreme Court the Obama administration’s view that recess appointments are only permissible when Congress is in recess for more than three days.  The transcript can be read in full by clicking here.  Below is a brief exchange with Chief Justice John Roberts found on page 50.  

CHIEF JUSTICE ROBERTS: And the recess appointment power doesn't work why?

MR. KATYAL: The -- the recess appointment power can work in -- in a recess. I think our office has opined the recess has to be longer than 3 days. And -- and so, it is potentially available to avert the future crisis that -- that could -- that could take place with respect to the board. If there are no other questions –

CHIEF JUSTICE ROBERTS: Thank you, counsel.

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