“YES” on the Preventing Greater Uncertainty in Labor-Management Relations Act
This week, the House is scheduled to vote on the Preventing Greater Uncertainty in Labor-Management Relations Act (H.R. 1120), sponsored by Rep. David Roe (R-TN). The bill would order the National Labor Relations Board (NLRB) to cease and desist on all actions that require a full quorum until the full board is confirmed by the Senate. It would also prevent the Board from implementing, administering, or enforcing any decisions finalized on or after January 4, 2012.
The NLRB is in legal limbo thanks to President Obama’s three so-called recess appointments in January 2012, which the U.S. Court of Appeals for the District of Columbia has recently ruled unconstitutional. Decisions currently issued by the board may be legally challenged due to the fact that the board itself is not legitimate. As a result, employers and workers are left in a state of uncertainty about whether their rights are being protected. Allowing the legal ambiguity to continue is unacceptable. Rep. Roe explains, “Congress cannot stand by and allow this legal chaos to grow and my legislation ensures we don’t have to.”
As Heritage noted at the time:
The Senate’s advice and consent duties act as a check on the executive, but they are also a mechanism for weeding out unsuitable or unqualified nominees. The president’s end run around the Senate is not just an affront to the separation of powers; it undermines the practical and immediate importance of the Senate’s role in vetting candidates for federal office.
Many of the decisions made by the constitutionally dubious appointees at NLRB have been economically harmful, and this bill would help halt this negative trend. Importantly, the bill would not prevent the Board’s regional offices from protecting the right of workers to petition for union elections.
Heritage Action supports H.R. 1120 and will include it as a key vote on our scorecard.