The Supreme Court, last week, decided to weigh in on Obama’s appointments to the National Labor Relations Board. The D.C. Circuit’s ruled in Noel Canning v. NLRB, that the NLRB cannot act unless it possesses a quorum of three validly appointed members.
The D.C. Circuit decision held that the NLRB has lacked a quorum since at least January 3, 2012 and recent recess appointments by the President were not legal — Noel Canning v. NLRB decision.
On Monday, Cablevision Systems Corporation, one of the nation’s leading media and telecommunications companies, filed an emergency application for a stay with the Chief Justice of the United States Supreme Court seeking an immediate suspension of the National Labor Relations Board’s (NLRB) ongoing pursuit of complaints against the Company.
The activist, union stacked NLRB has been attempting to block Cablevision workers in Brooklyn from voting on whether or not to continue with union representation from the Communications Workers of America (CWA). Cablevision argues that Obama’s NRLB is operating both illegally, and with a bias in favor of Big Labor.
The Wall Street Journal reported:
The Company is seeking immediate relief from the Supreme Court to stay an upcoming administrative trial. Chief Justice Roberts acts as the Circuit Justice for the D.C. Circuit.
“The role of Congress is to ensure a balanced NLRB and the Obama Administration bypassed Congress in order to stack the NLRB in favor of Big Labor. Two different federal courts — the D.C. Circuit and the Third Circuit — have established that the NLRB is illegally constituted and has no authority to take action. The NLRB continues to ignore these rulings, and we ask the Supreme Court to compel the NLRB to immediately halt its unlawful proceedings against Cablevision.”
Ben Howe summed up at the situation at Red State: “This is a fundamental fight over whether the White House has to listen to either the legislative OR judicial branch.”
You would think there’d be more of an outcry.