WASHINGTON, D.C. – Today, U.S. Senator John Barrasso (R-Wyo.) introduced the “NLRB Freeze Act of 2013.”  The bill would stop the unconstitutionally appointed and invalid quorum of the National Labor Relations Board (NLRB) from enforcing rules, regulations and decisions issued since January 2012.

“Last week, the court made it clear that President Obama doesn’t dictate when Congress is in recess.  Because of the President’s unconstitutional appointments, the NLRB is now operating under a cloud of uncertainty,” said Barrasso.  “Until we have final resolution from the courts, the NLRB should not be able to issue or enforce decisions that will create even more confusion and illegitimate regulations.  My bill will restore clarity, order and respect for the U.S. Constitution.”

Senator Barrasso spoke on the Senate floor earlier today about the “NLRB Freeze Act of 2013.” You can watch his remarks here.

Background:

Shortly after their January 4, 2012 illegitimate “recess” appointments, the President’s appointees to the National Labor Relations Board (NLRB) – Sharon Block, Terence F. Flynn, and Richard Griffin – began issuing orders and opinions in labor disputes.  

On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled that President Obama’s so-called “recess” appointments to the NLRB were unconstitutional.

Now, all of those decisions the Board issued by a quorum made up of these members, over 200 in the past year, are subject to challenge and invalidation. 

Under the “NLRB Freeze Act of 2013,” any decisions, regulations and rulings made by the unconstitutionally-appointed and invalid quorum of the NLRB (spanning from January 2012 to the present) are frozen until we have final resolution from the courts. 

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