NLRB overreach: Congressional probe edition

There was a pro-Scott Walker rally
over the weekend

Those so-called NLRB recess appointments continue to draw scrutiny.

From The Hill:

The House Judiciary Committee will probe President Obama's recent decision to skirt the Senate with a handful of recess appointments.

Judiciary Committee Chairman Lamar Smith (R-Texas) announced Monday that his committee will hold a hearing on Feb. 15 to explore the constitutionality of the president's move, which he said sets a "dangerous precedent" for future administrations.

Republicans were incensed when the president decided earlier this month to circumvent Senate confirmation and recess appoint three nominations that had been subject to GOP opposition. A particular point of ire was the fact that the president ignored the brief pro forma Senate sessions pushed by the GOP to block such appointments.

"The President cannot unilaterally decide to rush through 'recess appointments' while the Senate is not in recess," Smith said. "Doing so threatens the oversight powers of the Senate and the separation of powers that is fundamental to our Constitution."

The Detroit News:

President Barack Obama pushed the envelope too far this month when he named four appointees without Senate approval, claiming the Senate was in "recess" when in fact it was holding pro-forma sessions. Article II of the Constitution grants the president authority to unilaterally make appointments "when the Senate is in recess." It does not grant him the authority to make such appointments if he doesn't think the Senate is engaged in serious business.

Obama's Justice Department, in an opinion upholding the legality of the appointments, acknowledged the legal risks inherent in the president's move. The question, a memo from the department's Office of Legal Counsel noted, is new and "the substantial arguments on each side create some litigation risks for such appointments."

The litigation has already begun. A coalition of three pro-business groups has filed suit to block three of the appointments, which were to the National Labor Relations Board, on the ground that they are unconstitutional. The fourth appointment was to the newly created Consumer Protection Financial Bureau.

Obama claims to represent, in Occupy Wall Street lingo, "the 99 percent." In fact, he's fighting for the five percent.

From the Hernando Today:

While President Obama and the "Occupy" demonstrators demagogue against the One Percent of wealthy Americans, a favored "Five Percent" of other Americans — union members — continue to receive special treatment from the administration.

To understand why, know that labor unions contributed $335 million — and thousands of volunteers — to Obama's 2008 presidential campaign. As the president himself famously said at a town hall meeting in Iowa, "I am a pro-union guy."

Eternally grateful for their support, the president has spent his entire term looking for government ways to help unions increase their declining ranks and their membership dues.

Unions, a key funder of Democratic Party politics, are in decline. In 1979, their peak, nearly 21 million Americans belonged to unions. By 2010, that had dropped to 15 million, or under 5 percent of Americans. In Florida, about 2 percent of people belong to unions.

In other "one percent" news, President Obama will accept the nomination of his party at Bank of America stadium. But North Carolina is a right-to-work state.

Politico:

One of the contractors responsible for building Bank of America stadium in Charlotte, N.C. is 'praising' President Obama and the Democratic Party for holding a convention event there, calling the stadium an 'outstanding example' of the free enterprise system.

Brett McMahon, president of the concrete construction firm Miller & Long DC and the spokesman for the anti-labor, pro-business group Halt the Assault, notes that the stadium where President Obama will formally accept the nomination was built by non-unionized workers.

The New England Patriots and the New York Giants will face-off in the Super Bowl next month in Indianapolis. The Republican majority at the state capitol wants to make the Hoosier State a right-to-work state. But will Big Labor's antics during Super Bowl week further damage its image?

From AP:

Facing a legislative vote that would make Indiana a right-to-work state, alarmed union members are thinking about making their case on perhaps the nation’s biggest stage — the Super Bowl.

Labor activists are deciding whether to go ahead with protests that could include Teamsters clogging city streets with trucks and electricians staging a slowdown at the convention center site of the NFL village. What's holding them back is a fear the effort could create a backlash from those who think sports and politics don't mix.

"The last thing the city needs is a black eye," said Jeff Combs, organizing director for Teamsters Local 135 in Indianapolis, one of the unions discussing strategy. Union locals are awaiting guidance from the Indiana AFL-CIO before deciding what to do.

The New York Times:

"We had known from the start that there was a remote possibility that some extreme opponents might try to leverage this, but now it's being pretty openly threatened," said Brian Bosma, the Republican speaker of the House, who says the right-to-work legislation will improve Indiana's ability to recruit new businesses. "It would be a horrible mistake to use the Super Bowl in this way, and I think it would backfire terribly."

In Wisconsin, supporters of Governor Scott Walker held a rally over the weekend.

Big Journalism: Local Wisconsin Media Downplays Pro-Walker Rally

McHenry County Blog: Spring Grove Tea Party Members Rally for Wisconsin Gov. Scott Walker

I've written in favor of the Employee Rights Act. The Oklahoman weighs in:

Collective bargaining and union decertification are terms that became frustratingly familiar during the NBA lockout. While fixing the impasse provided a nice Christmas gift for fans, the prospect of a lost season spotlighted the complex relationship among employers, employees and unions.

Tim Scott (R-SC)

Outside of professional sports, labor unions touch our lives via school teachers, air traffic controllers, postal workers and more. To empower workers, U.S. Sen. Orrin Hatch and U.S. Rep. Tim Scott introduced the Employee Rights Act (ERA) last year.

The Oklahoman supports the ERA because it increases freedom of choice for employees, demands accountability for unions, prohibits coercion and violence and gives workers more control over their own money. Polls indicate significant backing of the legislation, even within union households. It's time to send this bill toward the net.

Guaranteeing the right to secret-ballot elections enables employees to freely decide their fate, at least as far as unions go. Employees should have the right not to join a union just as they have the right to join one. Intimidation and manipulation shouldn't sway that choice.

Finally, I leave you with a couple of drinks.

SHOT:

Daschle Calls Recess Sessions 'Bogus' In Defending Obama

CHASER:

"Sen. Tom Daschle, D.-S.D., the Democratic leader, said, 'By circumventing the Senate to recess appoint Charles Pickering, the President has confirmed that he has no interest in working in a bipartisan manner to appoint moderate judges who will uphold the law.'" (Neil Lewis, "Embattled Judge Installed By Bush," The New York Times, 1/17/04)

"Senate Democrats, turning up the heat in their long-simmering feud with President Bush over judicial nominations, vowed on Friday to block all new federal court appointments unless the White House promises to stop installing judges while Congress is in recess. 'We will be clear,' the Democratic leader, Senator Tom Daschle of South Dakota, told his colleagues Friday morning in a pointed speech on the Senate floor. 'We will continue to cooperate in the confirmation of federal judges, but only if the White House gives the assurance that it will no longer abuse the process.'" (Sheryl Gay Stolberg, "Democrats Issue Threat To Block Court Nominees," The New York Times, 3/27/04)

Related post:

Illegal Obama-appointed NLRB board member will receive payments from Operating Engineers' union

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