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July 28, 2014

Should Obama's NLRB Appointees Resign?

Tennessee Senator Lamar Alexander recently opined that President Obama's recess appointees -- Members Griffin and Block -- should resign in the wake of the D.C. Circuit's January 25, 2013 Noel Canning decision: According to the Senator:

"As ranking member of the Senate committee with jurisdiction over the NLRB, I am calling on Sharon Block and Richard F. Griffin Jr. to resign immediately. The court’s decision means that none of the 219 decisions in which they have participated is valid — and no decision they make in the future will be valid.

In slipping through these so-called 'recess' appointments, the president’s administration attempted to skirt a constitutionally required step: seeking 'the advice and consent of the Senate' for executive and judicial nominations as outlined in Article 2, Section 2, of the Constitution."

We’ll keep you posted on any developments. In the meantime, Senator Alexander’s op-ed piece can be found here.

© 2014 BARNES & THORNBURG LLP

About the Author

Peter T. Tschanz, Barnes Thornburg Law Firm, Labor Law Attorney
Associate

Peter T. Tschanz is an associate in the Indianapolis office of Barnes & Thornburg LLP, where he is a member of the Labor & Employment Law Department. Mr. Tschanz concentrates his practice in representing management interests in both employment litigation and traditional labor matters.

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