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Representative Wenstrup Applauds Passage of Legislation to Address NLRB Recess Appointments; Increase Certainty for Workers and Businesses


Location: Washington, DC

Today, Representative Brad Wenstrup (OH-02) applauded passage of H.R. 1120, the "Preventing Greater Uncertainty in Labor-Management Relations Act," which will address the ongoing legal chaos surrounding President Obama's controversial recess appointments to the National Labor Relations Board (NLRB). The bill would cease all activity until the legal issues surrounding the legitimacy of the so-called recess appointments are resolved.

"These recess appointments are yet another example of President Obama attempting to bypass Congress to pursue his own agenda," Wenstrup said. "Under his administration, the NLRB has turned sharply to the left, instead of being an impartial arbiter. Today's bill seeks to hold the President accountable to the Constitution and restore economic and legal certainty to job creators and workers in southern Ohio."

"Employers and employees need certainty. We also deserve a government that functions properly and is accountable to the people," Wenstrup added. "When an agency continues to create tremendous legal uncertainty for American businesses, initiated by the president's own actions, I believe it is incumbent on Congress to act."

On January 4, 2012, President Obama made three recess appointments to the NLRB when the Senate was in pro forma session, ignoring the Constitution's "advice and consent" requirement. In January 2013, the U.S. Court of Appeals for the District of Columbia Circuit ruled that these appointments were unconstitutional. Despite this decision, the NLRB has continued to function, causing employers to question the NLRB's rulings and creating uncertainty and confusion.

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