U.S. Sen. Mike Johanns (R-Neb.) today filed, along with 41 of his Senate colleagues, an amicus brief in a challenge (Noel Canning v. NLRB) to the constitutionality of President Obama's so-called "recess" appointments to the National Labor Relations Board in January. The case is pending in the U.S. Court of Appeals for the D.C. Circuit.
"The President overstepped his Constitutional authority by making these appointments and in doing so cast a shadow of doubt over the legitimacy of the NLRB," Johanns said. "Because of the President's actions, the court should not uphold any ruling from this powerful agency until every member has been duly confirmed and required to answer questions about the board's recent disregard for workers in right-to-work states like Nebraska."
The suit is being brought by Noel Canning, a local, family-owned business in Washington State that bottles and distributes soft drinks. The company is challenging the NLRB's determination that it must enter into a collective bargaining agreement with a labor union.