(Although the story goes back a few years, the controversy continues.)
Second Appeals Court Dings Obama On NLRB “Recess” Appointees
There has been much controversy over President Barack Obama’s “recess” appointments of 3 folks to the National Labor Relations Board in January of 2012. In January of this year, the Federal Court of Appeals in DC struck down President Obama’s appointments, and the U.S. Court of Appeals of the Third Circuit also found that the appointments were unconstitutional earlier in May. Congressman Lynn Westmoreland has a piece on the decisions by these courts concerning the appointments made by President Obama:
All 47 Senate Republicans have joined together to ask the president not to do this. The text of the letter follows:
(President Barack Obama
The White House
RE: NLRB Nominations
Dear Mr. President:
We are writing to urge you not to undermine the Senate’s advice and consent role by attempting to place your recently announced nominees to National Labor Relations Board, Sharon Block and Richard Griffin, in those positions through recess appointments. Moreover, we urge to instead allow for a full and thorough review of their qualifications through regular order in the Senate.
Appointments to the NLRB have traditionally been made through prior agreement of both parties to ensure that any group of nominees placed on the board represents an appropriate political and philosophical balance. Indeed, the very statutory design of the Board is meant to ensure a basic level of bipartisanship in the appointment of Members. As you are undoubtedly aware, appointments to Board that depart from this tradition have resulted in some of the most contentious, divisive struggles we face in the Senate. Your controversial recess appointment of NLRB Member Craig Becker is an example of an NLRB nominee having been appointed over the objection of the Senate and the result of that decision has been unending controversy throughout Member Becker’s entire term on the Board, which has undermined the credibility of the entire NLRB.
We urge you to avoid attempting to give your latest NLRB nominees – Ms. Block and Mr. Griffin – recess appointments at any point, especially during the mandatory adjournment between sessions of the 112th Congress, which will undoubtedly be very brief. While some have publicly suggested doing so would be an appropriate course of action with regard to other nominations, it would, at the very least, set a dangerous precedent that would most certainly be exploited in future cases to further marginalize the Senate’s role in confirming nominees and could needlessly provoke a constitutional conflict between the Senate and the White House.
We are certain that we all want to avoid any further conflict over additional recess appointments to the NLRB. It would be especially unfortunate if the Senate was never given an opportunity to fully explore their qualifications and suitability to be Members of the NLRB through a careful and deliberative hearings and confirmation process.
Thank you for your attention regarding this important matter.)
Look, in my opinion this ain’t about Republicans or Democrats, it’s is about all the members of our great actors union which began with an NLRB Ruling. This from our SAG-AFTRA Union website.
SAG Timeline from SAG/AFTRA Website
SAG defeats Television Authority in final NLRB election over filmed TV programs In September, SAG granted jurisdiction over filmed TV by the Associated Actors and Artistes of America, which declares: “Jurisdiction is hereby confirmed in SAG over all actors (including singers, announcers, stunt men, and airplane pilots) employed in the motion picture field including, without limitation, all motion pictures produced for use over television; also over all extras employed in such motion picture field in the state of New York.” AFRA (American Federation of Radio Artists) merges with Television Authority, gaining live television jurisdiction, becoming AFTRA
The Ol’ SAG Watchdog
*Okay, I know our employers wouldn’t like it, but maybe those in charge at SAG-AFTRA might put up a story on the current NLRB situation on OUR website. You think?