On March 21, 2013, the ranking member of the Senate
Health, Education Labor and Pensions Committee, Lamar Alexander (R-TN), offered
an amendment that would defund the enforcement of any decisions or regulations
made by the National Labor Relations Board, citing the decision in Noel
Canning by the U.S. Court of Appeals for the D.C. Circuit this past January
holding that President Obama's recess appointments to the NLRB were
invalid. In a press release, Alexander stated: "The NLRB has just
one member today-just one Senate-confirmed, constitutional member-so it has no
quorum. Not a single cent should go to enforce or fund any of the invalid decisions
made by a board that counts as members two unconstitutionally 'appointed'
The amendment is co-sponsored by 17 Republican senators.
The press release noted that since January's D.C. Circuit Court ruling, the
NLRB has issued 30 published decisions and 62 unpublished decisions and orders.
Earlier, on March 20, 2013, the House Committee on
Education and the Workforce, chaired by Rep. John Kline (R-MN), approved H.R.
1120 (by a vote of 23 to 15) requiring the NLRB "to cease all activity requiring
a three member quorum until the legal crisis surrounding the board is
appropriately resolved." According to a press release on the House Committee's
website, H.R. 1120 will:
It is doubtful, given the make-up of the Senate, that
either measure will ultimately be passed into law.
Read about additional Labor and Employment
Law Developments by Edwin S.
Hopson in the Wyatt Employment Law Report.
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