In July, 2011, Congressman Jeff Landry, a Republican from
Louisiana, announced that he was part of an effort in the U.S. House of
Representatives intent on keeping the House of Representatives in session
continuously in order to prevent the U.S. Senate from going into recess without
the House's consent. The purpose is to prevent President Obama from
issuing recess appointments. The last recess appointment, according to
Representative Landry, was Craig Becker to the National Labor Relation
Board. In a July 1, 2011, press release, Landry stated:
"This morning - under the instruction of Speaker Boehner,
Leader Cantor, and Whip McCarthy - I presided over a pro forma session
in the United States House of Representatives, preventing Congress from going into
recess and blocking President Obama from issuing recess appointments. * * *
Under Article 1, Section 5 of the Constitution, the House of
Representatives can prevent the Senate from recessing by withholding its
consent. Simply put: we do so by voting down, or not considering, a
Senate adjournment resolution. And when we do so, we block the
Administration's ability to make recess appointments."
Congressman Landry, in his press release, stated that he
is leading a coalition of 77 freshmen Congressmen requesting that the House
Republican leadership take measures to prevent any recess appointment by
President Obama for the remainder of the 112th Congress.
The impact of this action could be a cessation of the
National Labor Relations Board's ability to issue decisions after December 31,
2011, when Member Becker's recess appointment expires. At that time it
will be down to two members. Under the U.S. Supreme Court's decision in New
Process Steel v. National Labor Relations Board, 130 S. Ct. 2635 (2010), the
NLRB lacks the power under the National Labor Relations Act to issue decisions
once the five member board gets down to less than three members.
Read about additional Labor and Employment
Law Developments by Edwin S. Hopson in
the Wyatt Employment Law
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