Day 6: Obama Claimed Unlimited Recess Appointment Power in NLRB Crisis

Article excerpt

National Labor Relations Board officials filed a complaint April 20, 2011, against the Boeing Co., seeking to force the aerospace giant to build new 787 Dreamliners in the forced-unionism state of Washington rather than in its new assembly plant in the right-to- work state of South Carolina.

Boeing had sought to build all the Dreamliners near its existing plant in Puget Sound, but the International Association of Machinists refused to agree to a no-strike clause in a new labor contract.

IAM has struck four times since 1989, costing Boeing at least $1.8 billion in revenue.

After a fierce political fight, the NLRB finally dropped its suit on Dec. 9, 2011, but only after Boeing agreed to sign a generous new four-year contract with the IAM, without that sought-after no- strike clause.

President Obama's appointees on the NLRB had essentially used the power of the federal government to shake down a private company, while also sending a strong signal to all private companies to think twice before creating new jobs in right-to-work states.

Republicans in Congress were livid over Obama's raw abuse of executive power and vowed to shut down the NLRB.

So when NLRB board member Craig Becker stepped down on Jan. 3, 2012, the Senate refused to approve of any of Obama's new appointments to the board.

As a result, the board could not produce a required quorum, as stated by the National Labor Relations Act, and was thus unable to function.

Obama solved this problem by bypassing the Senate and recess- appointing three new members to the board on Jan. 4. The NLRB then went on with its business as usual.

Unfortunately for Obama, the Senate, according to its own rules, was not in recess, so none of his recess appointments, nor any of the rulings and regulations issued by the recess-appointee NLRB majority, were constitutional.

Multiple firms then sued the NLRB, challenging the legality of Obama's appointments. And every single federal circuit court that has ruled on the issue has decided against Obama. …