National Labor Relations Board
 Sen. John Barrasso (R-Wyo.) holds up a bill he introduced to forestall any new National Labor Relations Board rules or regulations in the wake of a federal appeals court ruling that President Obama violated the Constitution when he appointed three members of the NLRB, Jan. 29, 2013. (AP Photo/J. Scott Applewhite) |
Status: Five nominees — three Democrats and two Republicans — have made it through committee and a Senate vote is expected to take place in July.
In January 2012, on the same day Obama made Richard Cordray director of the Consumer Financial Protection Bureau in a recess appointment, he also installed two NLRB board members, ensuring that the board could function. The board is not allowed to make decisions if more than three of its five seats are vacant. But a federal appeals court has ruled that recess appointments can only happen between sessions of Congress and not during breaks within a session, and invalidated those appointments. The administration has petitioned the Supreme Court to overturn the decision. If Senator Harry Reid cannot break a likely filibuster by August, the board — which investigates charges of unfair labor practices and oversees union elections — will not have enough members to function. |
