Yesterday, House Republican Leadership echoed U.S. Representative Mike Kelly's (PA-03) recent call to block the National Labor Relations Board (NLRB) from taking any further action as a Board until the matter surrounding last year's unconstitutional appointments of several of its members is resolved. In a letter sent to the NLRB yesterday, House leaders insisted the board cease all activity until members sufficient to meet a quorum are confirmed by the U.S. Senate or the U.S. Supreme Court rules on the constitutionality of the appointments. This call fell on the heels of legislation introduced last week by Rep. Kelly, titled the "Advice and Consent Restoration Act," which would not only block the NLRB from taking any further action in the Board's current form, it would also block the pay of the three unconstitutionally-appointed members. To view Rep. Kelly's legislation, click here.
On January 25, the U.S. Court of Appeals for the District of Columbia Circuit unanimously ruled that the Obama Administration's appointment of three National Labor Relations Board (NLRB) nominees last year was an unconstitutional abuse of power.
The chief judge said the way in which these appointments were made would give the president "free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction."
Rep. Kelly issued the following statement:
"The court's ruling that these NLRB appointments were a clear violation of our nation's system of checks and balances shows an alarming act of overreach by the Obama Administration, which effectively invalidates the authority of the Board in its current form. This breach needs to be corrected immediately to restore the American public's trust in this important governmental body and in the constitutional process from which its power is derived."