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House Committee Criticizes Obama Recess Appointees, Process

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On Tuesday, the House Committee on Education and the Workforce (E&W) examined how President Obama recently recess-appointed three members to the National Labor Relations Board (NLRB). At issue is the question of whether he was legally permitted to make recess appointments when the Senate wasn’t in a formal recess, but rather a quasi-recess known as a pro forma session.

Also of contention is what the appointments mean for the agenda of the NLRB. E&W Committee Chairman John Kline (R-2-MN) noted, "Our primary concern is the fear and uncertainty this action has unleashed – the fear of the activist NLRB’s future actions and the uncertainty of whether its mandates and decisions can stand under constitutional scrutiny."

Stefan Marculewicz, testifying on behalf of Littler Mendelson for the majority, and whom addressed the NRMCA Government Affairs Committee on similar matters at the NRMCA 2011 ConcreteWorks & Board of Directors Meeting, stated that "as a labor lawyer who spends much of his day advising companies on the in’s and out’s of compliance with the intricacies of the National Labor Relations Act, and the decisions of [the] National Labor Relations Board, I do feel I have a certain understanding of the confusion and uncertainty that will result from decisions of this new Board, particularly given that the quorum may ultimately be determined invalid by the courts."

For more information, contact NRMCA's Kevin Walgenbach at or Kerri Leininger at


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