Executive Power to Push NLRB Appointments / Pro-Union Agenda Halted by Court
WASHINGTON, June 26, 2014 – The National Retail Federation released the following statement from Senior Vice President for Government Realtions David French on the U.S. Supreme Court decision in National Labor Relations Board v. Noel Canning, which questioned President Obama’s use of recess to fill NLRB appointments during a “pro forma” session of the Senate:
“The Supreme Court decision demonstrates that President Obama seriously erred in his attempt to circumvent Congress when he packed the NLRB with pro-union advocates. The court rightfully defended and protected the constitutional role of the U.S. Senate to provide advice and consent on executive appointments.
“While the decision does not affect the current composition of the NLRB since new board members have been seated with Senate consent, it does invalidate several important board decisions that will now have to be considered again by the new board.
“Most importantly, the decision is a reminder that there are appropriate limits to the unilateral exercise of executive authority. Rather than continuing the use of executive power to expand the regulatory reach of Washington, retailers and other job creators would encourage the White House to work with all stakeholders to fashion compromise solutions that address our shared economic challenges."
As a member of the Coalition for a Democratic Workplace, NRF submitted a friend-of-the-court brief in the Canning case arguing that Obama’s use of recess appointments to fill vacancies on the NLRB was unconstitutional and that actions taken while questionable appointees were in office should be vacated.
NRF is the world’s largest retail trade association, representing discount and department stores, home goods and specialty stores, Main Street merchants, grocers, wholesalers, chain restaurants and Internet retailers from the United States and more than 45 countries. Retail is the nation’s largest private sector employer, supporting one in four U.S. jobs – 42 million working Americans. Contributing $2.5 trillion to annual GDP, retail is a daily barometer for the nation’s economy. NRF’s This is Retail campaign highlights the industry’s opportunities for life-long careers, how retailers strengthen communities, and the critical role that retail plays in driving innovation. www.nrf.com