Wehrwolfen
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Court nullifies Obama appointments to Labor Board
by: Special to PeoplesWorld.org
January 25 2013
The U.S. Court of Appeals for the District of Columbia ruled today that President Obama violated the Constitution when he made three recess appointments to the National Labor Relations Board last January.
The Obama Administration is expected to appeal the ruling to the U.S. Supreme Court but if the Appeals Court decision is upheld, some fear that it would violate all decisions that the National Labor relations Board has made since last January.
The NLRB itself and the White House are saying, however, that this will not be the case.
"This court decision does not effect this operation, their (the NLRB's) ability to function," White House press secretary Jay Carney told the press today.
The Appeals Court in D.C. said that the President did not have the power to bypass the Senate and make the appointments.
The labor movement reacted quickly to the ruling with outright condemnation.
"Today's decision by a panel of Republican judges on the DC Circuit is nothing less than shocking," AFL-CIO President Richard Trumka said in a statement, adding that he fully expects "this radical decision to be reversed, and that other courts addressing thjs issue will uphold the President's appointment authority."
The labor movement is concerned about GOP attempts to cripple the NLRB because the board has traditionally been an important avenue used by workers in response to corporate attacks on their right to organize, among other rights at the workplace. The board came into existence in the 1930's as part of the Wagner Act and was charged by Congress at that time with guaranteeing that companies adhered to labor law. The Wagner Act under which the NLRB was created spelled out specifically that it is the policy of the United States Government to encourage collective bargaining.
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