ALG praises D.C. Circuit Court of Appeals for overturning NLRB poster ruling

May 8, 2013, Fairfax, VA—Americans for Limited Government General Counsel Nathan Mehrens today issued the following statement praising a ruling by the D.C. Circuit Court of Appeals for overturning a National Labor Relations Board (NLRB) decision that had compelled employers to hang a Board-mandated poster not explicitly provided for under law:

"The court made the right decision here, finding the Board cannot make the failure to post a Board-mandated poster an unfair labor practice because, among other reasons, the Board could not make an employer's speech advising employees that they do not have to join a union an unfair labor practice.  Also, because the poster requirement had no basis in the statute itself, the court ruled the Board cannot just make up what it deems to be an unfair labor practice and then compel employers to abide by their arbitrary definition.

"The court also tossed the tolling provision in the rule and held that because the Board wouldn't have promulgated the rule without those provisions that the rest falls also.  Two judges would have gone even further to hold that the Board lacks the statutory jurisdiction to promulgate the rule in the first place.

"Interestingly, the court in dicta called into question whether the recess appointment of Craig Becker to the Board was legitimate, assuming without deciding it was constitutionally invalid. But since even without Becker, there was still a Senate-confirmed quorum of Board members, his recess appointment was not at issue in this case. For other cases, however, that likely will not be so.

"All of which underscores the foolishness and arrogance of the White House in making these so-called recess appointments to the Board in the first place — as well as to the Consumer Financial Protection Bureau — when Congress was not even in recess. We expect more rulings will come down in this direction and never again will a president be able to imagine a congressional recess into existence."

To view online: http://getliberty.org/alg-praises-d-c-circuit-court-of-appeals-for-overturning-nlrb-poster-ruling/

###

Americans for Limited Government is a non-partisan, nationwide network committed to advancing free market reforms, private property rights and core American liberties. For more information on ALG please call us at 703-383-0880 or visit our website at www.GetLiberty.org.

CEI Today: House rebukes NLRB, US approves Japan in trade agreement, and a terrible Senate carbon tax bill

NLRB - MATT PATTERSON

Openmarket.org: House Of Representatives Rebukes Rogue NLRB

On Friday, April 12, the U.S. House of Representatives passed the Preventing Greater Uncertainty in Labor-Management Relations Act, a laudable attempt to rein in President Obama’s unconstitutionally staffed — and therefore illegitimate — National Labor Relations Board (NLRB).

The Preventing Greater Uncertainty in Labor-Management Relations Act (HR 1120) requires the NLRB to “cease all activity that requires a three member quorum” in an attempt to bring some sense of order to a labor market thrown into chaos by a Board comprised of unconstitutional appointees issuing hundreds of now questionable rulings.

Before the vote, the Competitive Enterprise Institute had released a statement urging members to support the bill. > Read more

> Interview Matt Patterson

TRADE - FRAN SMITH Openmarket.org: U.S. Agrees To Japan’s Entry Into Trans-Pacific Partnership Agreement On Friday, the Acting U.S. Trade Representative announced that the U.S. has agreed to let Japan enter negotiations on the Trans-Pacific Partnership Agreement, subject to consensus agreement by the other 10 members of the TPP. With Japan’s entry into the TPP, the 12 countries would account for nearly 40 percent of global GDP and about one-third of all world trade, according to the USTR. The sticky issues have been and probably will continue to involve the automotive and insurance industries and other non-tariff measures. > Read more > Interview Fran Smith

SENATE CARBON TAX BILL - MARLO LEWIS Globalwarming.org: 400,000 Lost Jobs by 2016 — Heritage Study of Boxer-Sanders Carbon Tax Proposal Heritage Foundation analysts David Kreutzer and Kevin Dayaratna yesterday released a study on the economic impact of carbon tax legislation (the Climate Security Act of 2013) sponsored by Sens. Barbara Boxer (D-Calif.) and Bernie Sanders (I-Vt.). The Boxer-Sanders legislation would establish a new tax that starts at $20 per ton of carbon dioxide (CO2) emitted and increases by 5.6% annually. > Read more > Interview Marlo Lewis

More in the news... Diverse Coalition Calls for Ethanol Policy Reform Dodd-Frank’s Burden On Credit Unions Highlighted At Hearing Railroading The Railroads

CEI ANNUAL DINNER & GALA FEATURING THE HONORABLE RAND PAUL JUNE 20, 2013 cei.org/ceidinner

CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information about CEI, please visit our website, cei.org, and blogs, Globalwarming.org and OpenMarket.org.  Follow CEI on Twitter! Twitter.com/ceidotorg.

CEI Lauds, Will Keyvote Members on NLRB Reform Measure

WASHINGTON, D.C., April 12, 2013 - Today the House of Representatives is expected to vote on legislation that would require the National Labor Relations Board to cease all activity that requires a three-member quorum and to prohibit NLRB from “enforcing any action taken after January 2012 that required a quorum.”

The Competitive Enterprise Institute commends supporters of the Preventing Greater Uncertainty in Labor-Management Relations Act (H.R. 1120) – sponsored by Rep. Phil Roe, R-Tenn., chairman of the Subcommittee on Health, Employment, Labor, and Pensions – and plans to update its Congressional Labor Scorecard to reflect how members of Congress vote on H.R 1120.

CEI Labor Project Director Matt Patterson said, "The U.S. Court of Appeals for the District of Columbia has unanimously held President Obama’s three so-called ‘recess appointments’ to the NLRB were unconstitutional.  The legitimacy of every ruling the NLRB has made since January of last year is therefore in question, throwing even more uncertainty on a business community already plagued by high tax and regulatory burdens. H.R 1120 is not only a good idea but absolutely necessary to help bring stability and to preserve the integrity of the U.S. Constitution.”

Labor Policy Analyst Trey Kovacs added: "Rep. Phil Roe’s bill The Preventing Greater Uncertainty in Labor-Management Relations Act is a commonsense measure that will help rein in overreaching bureaucrats and bring certainty back to workplace law.”

The Congressional Labor Scorecard is an ongoing project of WorkplaceChoice.org, CEI's labor policy website. You can read more about H.R. 1120 here:

http://edworkforce.house.gov/news/documentsingle.aspx?DocumentID=323741

---

CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information about CEI, please visit our website, cei.org, and blogs, Globalwarming.org and OpenMarket.org.  Follow CEI on Twitter! Twitter.com/ceidotorg.

AFP - Freeze NLRB

In yet another attempt to “work around Congress,” last year President Obama unconstitutionally appointed three people to the National Labor Relations Board (NLRB), the agency that imposes rules regarding union-organizing elections that give Big Labor a big advantage. This past January, the D.C. Circuit Court of Appeals overturned the President’s appointments, finding them to be unconstitutional—the President made these recess appointments when the Senate was not actually in recess.

Take action today: Tell Congress to freeze all NLRB activities while these unconstitutional appointees are still on the board.

Thankfully, there’s a bill in Congress that would stop the NLRB from implementing the rules that it has adopted since January 4, 2012, when President Obama stacked it with illegitimate, unconstitutionally appointed members. The legislation, sponsored by Rep. Phil Roe (R-Tenn.), would freeze all of the NLRB’s activities that require a full quorum. The House of Representatives is going to vote on the bill next week—and they need to hear from you.

This is not only about stopping the partisan, pro-union stranglehold on the NLRB. It’s also about keeping the American system of check and balances in place. Congress needs to stand up to the president when he oversteps his constitutional authority. No more working around Congress and the Constitution to further his Big Labor agenda.

Sincerely,

Nicole Kaeding

State Policy Manager

Americans for Prosperity

Take action today: Tell Congress to freeze all NLRB activities while these unconstitutional appointees are still on the board.

CEI Today: Human Achievement Hour, Obama Labor nominee, and the GPS Act

LABOR DEPT - MATT PATTERSON

Baltimore Sun: Beyond Tom Perez: Why do we need a Labor Department?

Yes, it's true, the United States was able to withstand two months without a labor secretary. The previous secretary, Hilda Solis, stepped down on Jan. 22. That thud you heard was no one noticing. No one noticed because, like most of the federal government, the Department of Labor has become an enormous bureaucracy machine with a life of its own that functions in spite of — and in the absence of — any individual secretary.

Nevertheless, President Barack Obama has anointed her successor, one Thomas Perez, formerly head of the Maryland Department of Labor, Licensing and Regulation, and presently chief of the Justice Department's Civil Rights Division. > Read more

> Interview Matt Patterson

 

GPS ACT - RYAN RADIA     CEI.org: Free Market Group Applauds Bipartisan GPS Act   Today, a bipartisan group of lawmakers introduced the Geolocation Privacy and Surveillance (GPS) Act, which would limit the government’s ability to warrantlessly access location data derived from individuals’ smartphones and other mobile devices. CEI praised the GPS Act and urged Congress to enact this important legislation as a bipartisan solution to mobile privacy concerns. “The Fourth Amendment protects our reasonable privacy expectations in our papers and effects, yet today, government authorities routinely compel service providers to disclose individuals’ geolocation information without probable cause or meaningful judicial oversight," said Ryan Radia, CEI Associate Director of Technology Studies.  >Read more > Interview Ryan Radia

SATURDAY, MARCH 23 CELEBRATE EARTH HOUR HUMAN ACHIEVEMENT HOUR! On Saturday, March 23 at 8:30pm (local time), some people, businesses and governments around the world will choose to sit in the dark for one hour as a symbolic gesture to take action against climate change. Celebrate  Human Achievement Hour, instead - lights ON! RSVP on Facebook Earth Hour Harms the Earth

More in the news... Labor’s Loss: Secret Ballot Protection Advances In Virginia Response To Drescher On Cancer And Chemicals Administration Notifies Congress That Trade Talks With EU Will Begin

CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information about CEI, please visit our website, cei.org, and blogs, Globalwarming.org and OpenMarket.org.  Follow CEI on Twitter! Twitter.com/ceidotorg.