A Cascade

…that needs to be encouraged.

Since the DC Circuit’s ruling that the Obama “recess” appointments to the NLRB were unconstitutional—the Senate actually being in session at the time—some 87 enterprises, including a few unions, are citing the ruling in their lawsuits to overturn a variety of the NLRB’s actions.  After all, with the board lacking a quorum, it was legally powerless to do anything at all.

The actions these enterprises are seeking include overturning/blocking union elections, undoing penalty payments to fired workers, halting subpoenas, and so on.

Here’s the cascade: 10 or more NLRB regional directors are argued also to be illegally appointed since they were seated by Obama’s unconstitutionally manned NLRB.  Extending from this, those regional boards’ decisions also must be voided, since those rulings were issued by illegally constituted regional boards.

Lafe Solomon, NLRB acting General Counsel, objects.

It’s already having a huge impact.  At every stage…we’re seeing attacks….

Indeed, as the WSJ reports,

The surge of challenges tied to the court ruling is overwhelming the NLRB, a federal agency that referees disputes between companies and employees.  Working through them is delaying resolution of cases alleging unfair labor practices, including whether workers can fairly hold union elections[.]

There’s no doubt the new workload is inconvenient to the Federal government.  That’s just too bad.  The inconvenience of our employee, the government, can never be an excuse for its behaving illegally.  Our employee, through the NLRB, brought the present inconvenience on itself through its patently illegal behavior.

The NLRB—Solomon—is merely blaming the employer for the employee’s own inconvenience.

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