The Coalition for a Democratic Workplace (CDW) along with the National Right to Work Foundation and the National Federation of Independent Business recently filed a motion in the U.S. District Court for the District of Columbia that challenges the legality of President Obama’s recent appointments to the National Labor Relations Board (NLRB).  View press coverage of the challenge.

Earlier this month, President Obama appointed Richard Griffin, Sharon Block and Terry Flynn to the NLRB.  ALFA and members of the CDW believe that these appointments were made when the Senate was not in recess and thus are unconstitutional. 

The challenge arose as part of CDW’s existing suit against the NLRB’s notice posting rule.  CDW has filed a motion in that suit to amend their complaint.  Specifically, CDW and their co-plaintiffs have asked the court to allow them to add a count challenging the authority of the NLRB to implement or enforce the rule with only two members. Under the Supreme Court’s New Process Steel decision, the Board must have 3 members to perform certain duties.  The motion alleges that the recess appointments to the Board are not constitutional and thus the Board only has two legitimate members (Chairman Pearce and Member Hayes).

ALFA is a member of the CDW Lobbying Committee and in this capacity advocates for legislation and supports judicial challenges to stop initiatives that deny employee and employer rights.  Please stay tuned for upcoming information on how you can assist ALFA and our coalition partners by participating in grassroots efforts.

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