Congressman Darrell Issa, Chairman of the Oversight and Government Reform Committee, said the federal appeals court ruling that the President’s January 2012 National Labor Relations Board (NLRB) member appointments were unconstitutional, should lead to the resignations of the appointed members.
Issa also said in a statement released Friday that the “ruling will certainly cause other opinions unconstitutionally issued by the Board to be invalidated. To avoid further damage to the economy, the NLRB must take the responsible course and cease issuing any further opinions until a constitutionally-sound quorum can be established. The unconstitutionally appointed members of the NLRB should do the right thing and step down.”
“The President, who taught Constitutional law, should’ve known better,” said Chairman Issa. “As the Oversight Committee examined in a hearing a year ago, President Obama’s appointments looked like an obvious election-year pander to big labor bosses. Today, we know that it is American workers who are going to pay the price for the Administration’s arrogant miscalculation.”
The Committee has examined the unconstitutionality of the President’s recess appointments and the repercussions that his decision to bypass the Senate confirmation process for NLRB appointees would have on the troubled agency.
In February 2012, the Oversight Committee convened a hearing that addressed the President’s unconstitutional recess appointments. In December, the Committee released a report on the NLRB which included sections on the unconstitutional appointments to the NLRB.
That report entitled “President Obama’s Pro-Union Board: The NLRB’s Metamorphosis from Independent Regulator to Dysfunctional Union Advocate,” found a “systemic pro-union bias with previously unreleased internal NLRB communication regarding the Boeing complaint. Furthermore, the report provides new evidence of violations of ex parte communication rules and the “separation principle” designed to prevent NLRB Board members, who act as judges when deciding cases, from communicating outside the public record with the NLRB General Counsel, who acts as the prosecution.”
Additionally, the Committee released a report on the Consumer Financial Protection Bureau (CFPB) and addressed the unconstitutional appointment of Richard Cordray to the CFPB entitled “Consumer Financial Protection Bureau’s Threat to Credit Access in the United States.” The report detailed how the CFPB’s structure and mandate will lead to credit tightening for Americans across the country. The report also raised concerns about the CFPB’s regulatory independence, noting a White House attempt to influence CFPB policies.
The report notes, “The controversial and legally questionable selection of its first director – former Ohio Attorney General Richard Cordray – adds unneeded uncertainty to financial markets. The CFPB’s apparently close relationship with the Obama Administration has allowed the White House to attempt to use the Bureau to further its partisan agenda. These circumstances, and the manner in which the Bureau has begun to exercise its authority, suggest that the CFPB will become a run-away regulator unlike any other in American history.”
Despite the ruling the Board says it will continue to continue to “perform our statutory duties and issue decisions,” according to Chairman Mark Gaston Pearce. In a statement released in response to the ruling, pearce said, “The Board respectfully disagrees with today’s decision and believes that the President’s position in the matter will ultimately be upheld.”
Many believe that the continued actions of the Board will result in distrust in a board that has already struggled with lack of legitimacy, and Forbes Magazine noted with only one remaining member of the National Labor Relations Board duly appointed and confirmed, the panel’s work would come to a complete halt pending appointment of new board members—appointments that are sure to test the new Senate filibuster rules put into effect this week.