WASHINGTON (AP) — President Barack Obama is nominating three candidates for full terms on the National Labor Relations Board, which has been in limbo since a federal appeals court invalidated his recess appointments to the agency.
Obama on Tuesday urged the Senate to move swiftly in confirming the members — two Republicans and one Democrat — along with two other Democrats he nominated in February. That would fill all five seats on the board.
But it is not clear whether Republicans will go along with the package of nominees. The labor board has been a partisan lightning rod during Obama’s presidency, with Republican lawmakers and business groups furious over decisions and rules they say are aimed at helping labor unions win more members.
The move comes as House Republicans prepare to vote this week on a measure that would effectively shut down the board until it has permanent members confirmed by the Senate.
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled in January that Obama violated the Constitution when he bypassed the Senate to fill vacancies on the board. Since then, Republicans have claimed the board lacks any legitimacy to act.
The White House has insisted the appeals court decision is wrong and plans to appeal it to the Supreme Court. But the ruling has prompted employers in more than 100 cases to claim the board lacks authority to take action against them because two of its members are not there legitimately. It also has frustrated labor unions who worry the board can’t crack down on unfair labor practices.
Obama is renominating board Chairman Mark Pearce, a Democrat, and nominating two new Republicans to the board — management-side lawyers Harry I. Johnson, III and Philip A. Miscimarra.
The president had also nominated Democrats Sharon Block and Richard Griffin to full terms on the board in February. They have been sitting on the board since January 2012, when Obama made the recess appoints after Senate Republicans vowed to block Obama’s NLRB nominees. Republicans complained the board was issuing too many pro-union decisions.
The White House hopes that Senate Republicans will favor the five-member package nomination of two Republicans and three Democrats. Both Republican nominees have passed muster with GOP leadership.
“I urge the Senate to confirm them swiftly so that this bipartisan board can continue its important work on behalf of the American people,” Obama said in a statement.
The president claimed that he made the recess appointments last year while the Senate was on a break. But the appeals court panel ruled that a recess occurs only during the breaks between formal yearlong sessions of Congress, not just any informal break. It also ruled that a vacancy must come into being during a recess in order to be valid.
The White House says the first-of-its-kind ruling runs contrary to more than 150 years of practice and would invalidate hundreds of recess appointments in Democratic and Republican administrations.
AFL-CIO President Richard Trumka expressed his support for the five-nominee package, noting it includes Republicans “who have views on labor relations matters that we do not agree with. But working people need and deserve a functioning NLRB, and confirmation of a full package will provide that stability.”
Larry Cohen, president of the Communications Workers of America, urged Senate Majority Leader Harry Reid to move the nominations quickly.
“If the nominations are blocked by the Republican minority, Majority Leader Reid must be ready to confront that obstructionism to keep this agency functioning,” Cohen said.
House Republicans are expected to pass a measure this week that would prevent the NLRB from conducting business until the Senate confirms new members constituting a quorum or the U.S. Supreme Court decides the board has the authority to act. But the measure is not expected to make any headway in the Democratic-controlled Senate.
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This Week’s Celebrity Instagrams (11/26-12/2)
30 photos Launch gallery
1. Little Legend and Puddy 😍😍😍😍
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2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormal
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3. Vegan! The Impossible burger at Crossroads
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4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutrition
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5. Jus haaaanngin out
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6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳
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7. No limits... Photo cred: Chris Bridges @ludacris
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8. new new
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9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWith
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10. hey ma! 🎎#wcw 💙
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11. Surprise visit to our factories!!! #GoodAmerican #USA
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13. Peachy Keen 🔥✨⚡️
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14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFly
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15. Late nights @nbcmarlon with the writers... we in here!!!
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16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -
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17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!
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18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?
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19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤️️
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20. #BrotherlyLove #tbt
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22. #basel #TeamLOVE @kingcombs
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23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfriday
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24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeon
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25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriend
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26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!
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27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍
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28. This pic warms my heart ❤️ #myLogiebeans and aunt aunt umba @itowandabraxton 😘
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29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18
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30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernell
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