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Board Must Defend Recess Appointments, Court Says
Free Beacon ^ | Feb 22, 2013 | Bill McMorris

Posted on 02/23/2013 9:51:36 AM PST by EXCH54FE

A federal appeals court allowed a legal challenge to the National Labor Relations Board to move forward on Friday, casting additional doubt on the legitimacy of the Obama administration’s embattled labor arbiter.

A three-judge panel from the D.C. Circuit Court ordered the board to file a written response defending President Barack Obama’s recess appointments.

The ruling stems from the National Right to Work Legal Defense Foundation’s (NRTW) appeal to an NLRB ruling that forced non-union employees to pay for union lobbying costs. National Right to Work attorney Glenn Taubman said the board’s decision violates Beck Rights, which allow employees to opt out of union.

NRTW’s appeal, however, relied more heavily on challenging the legitimacy of the board’s composition than it did the “merits of workers being coerced to pay for unions’ partisan political agenda,” according to Taubman.

“This is really just about the recess appointments,” he said. “They have no authority to act, and the courts should forbid them from acting on this case or any others.”

(Excerpt) Read more at freebeacon.com ...


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“[The order] means the Court of Appeals is taking a serious look at shutting down the board,” he said. “The implication for other cases is clear if they shut down the board in our case.”
1 posted on 02/23/2013 9:51:38 AM PST by EXCH54FE
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