Wednesday | January 30, 2013

Senator Scott Joins Colleagues in Effort to Rein In NLRB, Reaffirm the Constitution

Senator Scott Joins Colleagues in Effort to Rein In NLRB, Reaffirm the Constitution

Legislation would eliminate pay for unconstitutionally appointed board members; block NLRB action until legal appointees are in place

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Washington- Senator Tim Scott (R-SC) joined his colleagues in introducing theAdvice and Consent Restoration Act, which would eliminate pay for unconstitutionally appointed members of the National Labor Relations Board (NLRB) and block NLRB action until legal appointees are in place. Scott has been a leader in Congressional efforts to rein in the NLRB following the Board's attempt to destroy jobs in South Carolina in 2011-12.

Last week, a federal appeals court ruled the President's recess appointment of three NLRB board members last August was unconstitutional. However, there has been no movement in regards to removing these members from the board or moving forward in appointing new board members.

"The NLRB'sstatementthat they would ignore the court's ruling last week unfortunately shows we will have to take action to ensure the Constitution is upheld," Scott said. "The President's effort to turn the board into a pro-union, anti-worker organization has already threatened thousands of families in South Carolina and across the nation. Our legislation will ensure decisions affecting the jobs and incomes of hardworking, middle class Americans are not being made by unconstitutionally appointed NLRB board members."

TheAdvice and Consent Restoration Actwas introduced by Senator Roy Blunt (R-MO). Senator Scott was joined by Senators Ted Cruz (R-TX), Mike Lee (R-UT), Jim Inhofe (R-OK), and Pat Roberts (R-KS) in cosponsoring the legislation. The text of the bill can be readhere. Specifically, until there is a final decision in pending lawsuits regarding the constitutionality of certain alleged recess appointments, the legislation:

· Prevents certain individuals purportedly appointed to the National Labor Relations Board from receiving salaries

· Prevents an unconstitutional quorum of the Board from taking agency actions

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Related Issues:  Job Creation