WFI - Group Petitions White House Website to Rescind Recess Appts

Please sign the petition that is on The White House webpage asking the president to follow the Constitution and rescind the recess appointments to the NLRB.

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Group Petitions WH Website to Rescind Recess Appts

Washington Examiner

Philip Klein

January 12, 2012

http://campaign2012.washingtonexaminer.com/blogs/beltway-confidential/group-petitions-wh-website-rescind-recess-appts/309381

A group that fights the abusive influence of big labor on workers and businesses has taken to theWhite House's "We the People" petition website to urge him to rescind his recess appointments to the National Labor Relations Board, which took place when the Senate was not actually in recess.

"President Obama’s recent appointments to the National Labor Relations Board are unfair and unconstitutional," the petition, which comes from the Workforce Fairness Institute, reads. "He must rescind them immediately."

Though WFI does not expect Obama to change his mind, they hope to collect at least 25,000 signatures to “raise some noise and raise the stakes on his turf.”

ALG Releases Report on 2 NLRB 'Recess' Appointments, Calls Board a 'Rogue Agency'

"Obama will be remembered as the recess president who accomplished nothing because he was too busy violating the Constitution."—ALG President Bill Wilson.

Jan. 5, 2012, Fairfax, VA—Americans for Limited Government (ALG) today released a report on the two Democrat "recess" appointees to the National Labor Relations Board (NLRB) Richard Griffin and Sharon Block that were installed by Barack Obama when Congress was not even on a recess.

"The NLRB is now a rogue agency, and every act it undertakes this year will become challengeable in federal court as to whether valid appointments were ever made," ALG President Bill Wilson said.

The report details the experiences of the two nominees, Griffin and Block, who Wilson said Obama has risked a constitutional crisis over. 

"Block once argued on behalf of the NLRB's decision to award back pay to an illegal immigrant, an argument that was eventually rejected by the Supreme Court.  And Griffin comes from the corruption-prone International Union of Operating Engineers that fought against open and fair union elections," Wilson said.

"These nominees were only submitted to the Senate by Obama on December 15," ALG President Bill Wilson noted.  "There has not even been time to hold a hearing in the Senate, let alone vote on them, and yet Obama wants to claim his extraconstitutional 'recess' appointments were based on some sort of extraordinary delay."

Industry groups affected by NLRB regulations are expected to sue in federal court to overturn the appointments and any new regulations the Board issues.

"Obama and Reid have thrown out the 'advice and consent' clause of the Constitution so that union organizers can hang posters on their boss' door during a union election," Wilson joked, concluding, "And to what end? When all is said and done, the courts will nullify these appointments and their acts, meanwhile Obama will be remembered as the recess president who accomplished nothing because he was too busy violating the Constitution."

Attachments:

"ALG Nominee Alert, Richard Griffin and Sharon Block, National Labor Relations Board," Americans for Limited Government Research Foundation, Dec. 2011 at http://www.getliberty.org/files/Sharon Block  Richard Griffin NomineeAlert HighRes 12 30.pdf.

"Obama's Radical Non-Recess 'Recess' Appointments," ALG President Bill Wilson, Jan. 5, 2012 at http://netrightdaily.com/2012/01/obama%e2%80%99s-radical-non-recess-%e2%80%98recess%e2%80%99-appointments/.

"Cartoon: Obama's New Year's Resolution," William Warren, Jan. 5, 2012 at http://netrightdaily.com/2012/01/obamas-new-years-resolution/.

ALG Urges Passage of Bill Repealing NLRB Adjudicatory Powers in Light of Unconstitutional Appointments

Jan. 5, 2012, Fairfax, VA—Americans for Limited Government (ALG) President Bill Wilson today in the following statement urged the House to pass HR 2978 stripping the National Labor Relations Board (NLRB) of its quasi-judicial powers in light of Barack Obama's extraconstitutional installation of 3 new members to the Board:

"If the House wishes to prevent the NLRB from issuing rulings when it has been unconstitutionally filled with phony recess appointments, it needs to act immediately.  Legislation by Rep. Austin Scott would strip the Board of all its judicial and rulemaking authority, making federal courts the sole arbiter of alleged infractions of labor law. 

"Big labor advocates masquerading as bureaucrats should never have so much power in the first place to issue these anti-business rulings, and Rep. Scott's legislation is the only bill that will do anything about it.

"While federal courts sort out the unconstitutionality of Obama's lawless actions to fill the NLRB with union cronies, the House can act immediately to pass legislation that will defang the Board from issuing any more rulings on behalf of big labor."

Attachments:

"Treating the NLRB symptoms not enough," by ALG President Bill Wilson, September 21^st, 2011 at http://netrightdaily.com/2011/09/treating-the-nlrb-symptoms-not-enough/ .

the polling company™, inc./WomanTrend poll on behalf of Americans for Limited Government regarding National Labor Relations Board, Aug. 19-23, 2011 at www.getliberty.org/files/NLRBPoll8-19to8-23-11.pdf .

"ALG Nominee Alert, Richard Griffin and Sharon Block, National Labor Relations Board," Americans for Limited Government Research Foundation, Dec. 2011 at http://www.getliberty.org/files/Sharon Block  Richard Griffin NomineeAlert HighRes 12 30.pdf .

"Obama's Radical Non-Recess 'Recess' Appointments," ALG President Bill Wilson, Jan. 5, 2012 at http://netrightdaily.com/2012/01/obama%e2%80%99s-radical-non-recess-%e2%80%98recess%e2%80%99-appointments/ .

"Cartoon: Obama's New Year's Resolution," William Warren, Jan. 5, 2012 at http://netrightdaily.com/2012/01/obamas-new-years-resolution/ .

Interview Availability: Please contact Rebekah Rast at (703) 383-0880 or at rrast@getliberty.org to arrange an interview with ALG President Bill Wilson.

ALG: Obama 'Recess' Appointment of Cordray 'Constitutionally Questionable'

Jan. 4, 2012, Fairfax, VA—Americans for Limited Government President Bill Wilson today in a statement condemned the Obama Administration for making a "recess" appointment of Richard Cordray to the Consumer Financial Protection Bureau even though Congress is not even in recess:

"The appointment of Richard Cordray to the Consumer Financial Protection Bureau, and all acts he may take while in his post, are not worth the paper they are printed on.  Barack Obama has rammed through a phony 'recess' appointment when there is no recess, and now he borders on being a tyrant.  Obama cannot constitutionally pretend a recess into existence, and yet that is exactly what he has done.  This has never been attempted before.

"This is a clear and consistent pattern by Obama of acting as if the Constitution does not apply to him.  This a dangerous pattern that is threatening to tear this country apart, and it's his fault.

"Congress, per its constitutional prerogative, has deliberately been in continuous session to block any recess appointments from being made by Obama.  If Congress wills it, and it has, then there can be no recess.  Any appointments made under this pretense, and all of their acts in office, will become constitutionally questionable as to whether a valid appointment was ever made.

"In the latter years of the Bush Administration, congressional Democrats played the same game to keep Congress in continuous session in a move that effectively blocked recess appointments from being made.  If the Obama Administration does not like it, it can propose amending the Constitution, but it cannot pretend Congress was in recess when it never was."

Interview Availability: Please contact Rebekah Rast at (703) 383-0880 or at rrast@getliberty.org to arrange an interview with ALG President Bill Wilson.

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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.

WFI: President Obama Delivers Payback To Big Labor

Washington, D.C. (January 4, 2011)  – The Workforce Fairness Institute (WFI) today released the following statement in response to President Obama recess appointing Richard Griffin and Sharon Block to the National Labor Relations Board (NLRB):

“President Obama’s recess appointments of Richard Griffin and Sharon Block to the National Labor Relations Board are an incredible giveaway to Big Labor.  This White House has demonstrated beyond question that it places greater importance on paying back union bosses than creating jobs and turning around the economy,” said Fred Wszolek, spokesperson for the Workforce Fairness Institute (WFI).  “What is particularly galling is that the nominations of Griffin and Block are just days old, and in spite of that, Obama has engaged in a power grab that is constitutionally suspect.  Obama’s recess appointments of Griffin and Block go against statements made by his own vice president and Department of Justice and are another reminder that this administration takes its direction from labor bosses not American workers and small businesses.”     

BACKGROUND:

Obama Recess Appoints NLRB Nominees:

“It isn’t just Richard Cordray.  Obama is also set to use recess appointments to install his picks to the National Labor Relations Board, according to White House officials and others familiar with ongoing discussions.  The move, which is arguably as important as the Cordray appointment, will ratchet up opposition from Republicans and make this an even bigger fight, since they have been attacking the NLRB regularly for its moves to streamline union elections and inform workers of their rights.  Obama is set to appoint Sharon Block, Terence Flynn, and Richard Grifin to the board — something unions have made a big priority for them in the new year.” (Greg Sargent, “Breaking: Obama Also Set To Make Recess Appointments To The NLRB,” The Washington Post, 1/4/12)

NLRB Nominees Nominated In December 2011:

President Obama Announced The Nominations Of Richard Griffin & Sharon Block To The NLRB On December 14, 2011. (Press Release, “President Obama Announces More Key Administration Posts,” The White House, 12/14/11)

In 2005, Senator Biden Questioned Recess Appointments: 

“‘As I said, we don’t work for the president.  And no president is entitled to the appointment of anyone he nominates.  No president is entitled by the mere fact he has nominated someone.  That’s why they wrote the Constitution the way they did: It says ‘advice and consent.’” (Senator Joe Biden, Committee On Foreign Relations, 5/12/05)

Obama Deputy Solicitor General Questions Legality Of Recess Appointments:

“When President Obama’s Department of Justice (DOJ) defends Obama’s ‘recess appointment’ – made today after the Senate adjourned yesterday – his lawyers will have to argue against the position they took on recess appointments last year, during a Supreme Court hearing.  Deputy Solicitor General Neal Katyal told Chief Justice John Roberts that ‘the [congressional] recess has to be longer than 3 days’ for the president to have the power to make a recess appointment, recalls House Speaker John Boehner, R-Ohio, while criticizing Obama’s recess appointment of Richard Cordray to lead the Consumer Financial Protection Bureau.” (Jowl Gehrke, “Obama's DOJ Says 'Recess' Appointment Illegal,” Washington Examiner, 1/4/12)

The Workforce Fairness Institute is an organization committed to educating voters, employers, employees and citizens about issues affecting the workplace. To learn more, please visit: http://www.workforcefairness.com.