President Obama has appointed three new members to the NLRB (National Labor Relations Board) increasing the power of labor unions in the country. This is in addition to the recess appointment of Richard Cordray to head yet another new government agency: the Consumer Financial Protection Bureau.
Although some Republican “leaders” have voiced their displeasure at what they consider to be a power grab, it is just another feeble attempt to override our nation’s dictatorship. Mr. Obama has effectively made both the Congress and the Supreme Court impotent branches of the republic. Once the victories started piling up and the only resistance was TEA Party rallies that were marginalized by both parties, the floodgates opened and the balance of power was flushed down the drain.
There is even open discussions in the halls of Congress that Obama may not leave if he is not re-elected. Any congressman who is cowering in fear at this prospect without standing up for liberty needs to read a little history to understand what happens when tyrants are appeased. What price do you put on freedom?
David DeGerolamo
Obama bypasses Senate to fill labor board posts
President Barack Obama recess-appointed three members to the National Labor Relations Board on Wednesday, bypassing fierce opposition from Republicans who claim the agency has leaned too far in favor of unions.
The appointments came just hours after Obama used a similar move to install former Ohio Atty. Gen. Richard Cordray to head the new Consumer Financial Protection Bureau.
Both moves infuriated GOP leaders, who threatened legal action and warned that Obama was setting a dangerous precedent by ignoring the will of Congress. Union leaders praised the decision, saying it was a legitimate response to Republican gridlock.
Obama appointed Deputy Labor Secretary Sharon Block, union lawyer Richard Griffin and NLRB counsel Terence Flynn to fill vacancies on the five-member board, giving it a full contingent for the first time in more than a year. Block and Griffin are Democrats, while Flynn is a Republican.
The board, which referees labor-management disputes and oversees union elections, has been a prime target for Republicans and business groups since it filed a controversial lawsuit last year that accused Boeing of illegally retaliating against union members.
That case was dismissed last month after Boeing and the union settled their differences. But Republicans are still incensed over the board’s approval last month of sweeping new rules to speed up the union election process, making it easier for unions to gain new members.
Obama’s action prevents the board from losing much of its power for the rest of the year. The NLRB is supposed to have five members, but it has operated for months with only three. This week, it is down to just two members, after Democrat Craig Becker completed his term. The agency is not allowed to conduct regular business with only two members.
Senate Republicans, hoping to effectively shut the agency down, had vowed to block any more appointees to prevent any further key decisions affecting labor relations. Last month, all 47 Senate Republicans sent Obama a letter warning that bypassing the Senate would set a dangerous precedent.
Sharon Block, Deputy Assistant Secretary for Congressional Affairs at the U.S. Department of Labor. Between 2006 and 2009, Ms. Block was Senior Labor and Employment Counsel for the Senate HELP Committee, where she worked for Senator Edward M. Kennedy. Ms. Block previously served at the National Labor Relations Board as senior attorney to Chairman Robert Battista from 2003 to 2006 and as an attorney in the appellate court branch from 1996 to 2003. From 1994 to 1996, she was Assistant General Counsel at the National Endowment for the Humanities, and from 1991 to 1993, she was an associate at Steptoe & Johnson. She received a B.A. in History from Columbia University and a J.D. from Georgetown University Law Center where she received the John F. Kennedy Labor Law Award.
Terence F. Flynn, currently detailed to serve as Chief Counsel to NLRB Board Member Brian Hayes. Mr. Flynn was previously Chief Counsel to former NLRB Board Member Peter Schaumber, where he oversaw a variety of legal and policy issues in cases arising under the National Labor Relations Act. From 1996 to 2003, Mr. Flynn was Counsel in the Labor and Employment Group of Crowell & Moring, LLP, where he handled a wide range of labor and employment issues, including collective bargaining negotiations, litigation of unfair labor practices, defense of ERISA claims, and wage and hour disputes, among other matters. From 1992 to 1995, he was a litigation associate at the law firm David, Hager, Kuney & Krupin, where he counseled clients on federal, state, and local employment and wage hour laws, NLRB arbitrations, and other labor relations disputes. Mr. Flynn started his law career at the firm Reid & Priest, handling labor and immigration matters from 1990 to 1992. He holds a B.A. degree from University of Maryland, College Park and a J.D. from Washington & Lee University School of Law.
Richard Griffin, General Counsel for International Union of Operating Engineers (IUOE). He also serves on the board of directors for the AFL-CIO Lawyers Coordinating Committee, a position he has held since 1994. Since 1983, he has held a number of leadership positions with IUOE from Assistant House Counsel to Associate General Counsel. From 1985 to 1994, Mr. Griffin served as a member of the board of trustees of the IUOE’s central pension fund. From 1981 to 1983, he served as a Counsel to NLRB Board Members. Mr. Griffin holds a B.A. from Yale University and a J.D. from Northeastern University School of Law.
The last day of Member Craig Becker’s service was Tuesday, Jan. 3. With the expiration of his appointment, the Board dropped to two members, Chairman Mark Gaston Pearce and Member Brian E. Hayes. The Board was last at its full five-member strength in August of 2010.
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