News Releases

January 31, 2013

Illegal National Labor Relations Board appointees should resign

Senators introduce legislation to restore Constitutional balance of power

Members of the National Labor Relations Board (NLRB) who were appointed illegally by President Obama should resign, according to U.S. Senator Mike Enzi, R-Wyo. Enzi joined a bipartisan group of senators this week in sending a letter to the board members in question, Sharon Block and Richard Griffin Jr., asking that they step down from their post. The letter is in response to the recent ruling of the District of Columbia U.S. Circuit Court of Appeals that the president’s actions in appointing two members of the board violated the separation of powers in the Constitution.

Enzi also joined with Senate Health, Education, Labor and Pensions Committee Ranking Member Lamar Alexander, R-Tenn., and other colleagues in introducing a bill that would prohibit the NLRB and Consumer Financial Protection Bureau (CFPB) from enforcing or implementing decisions and regulations without a constitutionally confirmed board or director.

The letter requests of both Block and Griffin Jr. that they “immediately resign [their] positions on that National Labor Relations Board, withdraw from all Board activities and stop drawing salaries and other benefits associated with [their] positions.”

“The court was very clear on their ruling,” said Enzi. “They are unconstitutionally appointed to their positions, and they should make the right move and step down.”

The Restoring the Constitutional Balance of Power Act of 2013 would prohibit the NLRB from undertaking or enforcing any decisions that required the approval of a quorum of board members since the president’s overreach.

The D.C. Circuit Court of Appeals ruled that President Obama violated the Constitution when he made these invalid appointments to NLRB without confirmation by the Senate. He took the same unconstitutional actions with Richard Cordray, who has been illegitimately serving as CFPB Director under the same circumstances, the senators contend. 

To read a copy of the letter and bill language, click here.



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