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Archive for the ‘NLRB’ Category

Supreme Court Hammers Obama on Constitution

Posted by Steve Markowitz on June 28, 2014

This week the United States Supreme Court ruled that President Obama exceeded his constitutional authority in a 9-0 decision in the case of National Labor Relations Board v. Noel Canning.  The ruling found that the President’s 2012 recess appointments for three members of the National Labor Relations Board (NLRB) were not valid as he exceeded his authority.  This is more than merely a slap in the rest to the President.  It invalidates hundreds of NLRB decisions made after the illegal appointments, which now must be resolved causing significant litigation expenses and other problems for businesses and greater society.

In typical Obama fashion, when the Congress or Senate does not act, he will exceed his Constitutional powers and act unilaterally.  In this case, he made recess appointments without any authority to do so.  This is a larger issue than merely an out-of-control president.  When the Commander-In-Chief flouts the law it has ripple effects throughout the entire society.

The fact that Supreme Court unanimously ruled against the President is telling.  Four of those votes came from liberal members of the Court who are inclined to agree with Obama philosophically.  This raises questions concerning the motivation behind Obama’s disregard of the Constitution.  Is it a result of lack of knowledge from a supposedly constitutional lawyer or of a man who has no regard for the Constitution/law?  Either answer is very troubling.


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Obama Bypasses Senate; Adds Another Radical in His Administration

Posted by Steve Markowitz on March 28, 2010

This weekend President Obama made 15 recess appointments, bypassing the requirement for advice and consent of the Senate.  This tactic is not new to this Administration as other presidents used it in the past.  However, one is the appointments is a radical lawyer that even his own Party would not approve and that is unusual.

Craig Becker, a union lawyer was a former associate general counsel for the AFL-CIO and the radical Service Employees International Union (SEIU), was placed on the National Labor Relations Board (NLRB).  The NLRB is an impartial body charged with all sorts of decision making relating to workers, the work place and unions.  In a law review article Becker wrote he stated that employers should not have a voice in unionization elections.  In other words, he advocated  making the process of a union election one-sided, towards the union only.  This view is a radical approach to labor law that would make it imposable for Becker to be impartial on labor relations issues.

Two days prior to the President making the Becker appointment, all 41 Republican Senators wrote Obama urging him not to make this appointment.  The President’s snub of this request, once again shows just how disingenuous his often repeated call for “bi-partisanship” is.  But this reality did not stop Obama from repeating the claim once again.  After making the appointments Obama said: “I simply cannot allow partisan politics to stand in the way of the basic functioning of government.”  Mr. President, if you can’t get even get liberal Senator Olympia Snow to vote with you, it is you that is partisan.

But it was not only the Republicans that were against the Becker nomination to the NLRB.  Last month the Democrats were eight votes short of those required to overcome a Republican filibuster with Democrats Blanche Lincoln and Ben Nelson joining Republicans in the 52-to-33 vote.  This is not only the most partisan President in modern times, but also one that demands having it his own way irrespective of what some of his fellow Democrats desire.  That’s authoritarian at the least!

Let’s go back to when George W. Bush made a recess appointment of John Bolton as United Nations Ambassador.  Then Senator Obama quite vocally opposed the Bolton recess appointment saying that Mr. Bolton would be “damaged goods” and would lack credibility without Senate confirmation.  So, the Obama recesses appointment of Becker is not damaged goods?  Is this too part of the promised “change”.

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