NFIB Urges Supreme Court to Affirm DC Circuit Ruling on Unconstitutional NLRB "Recess" Appointments

Date: May 28, 2013
For Immediate Release
Contact: Kelly Hoffman 202-314-2054 or

WASHINGTON, D.C., May 28, 2013 - The Coalition for Democratic Workplace, of which NFIB is a leading member, has filed an amicus brief urging the Supreme Court to take up the case of Noel Canning Corp. v. NLRB. Executive Director of the NFIB Small Business Legal Center Karen Harned gave the following statement in response to filing: 

“NFIB has always argued that when President Obama made his three “recess” appointments to the National Labor Relations Board, he brazenly circumvented the Congressional appointment process and raised serious legal concerns that could not be ignored.  Earlier this year, the DC Circuit Court agreed with NFIB and ruled that President Obama’s appointments were unconstitutional.  However, the NLRB disagreed with the court’s decision and has continued to perform its duties and issue decisions. By ignoring the Circuit Court’s decision, the NLRB has devolved from being a neutral arbiter between labor and employers into a pro-union government agency.

“Small-business owners across the country deserve to be protected from the unabashedly pro-union decisions handed down by the NLRB.  NFIB urges the Supreme Court to take on and uphold the DC Circuit’s ruling. ”

Karen Harned, Executive Director of the Small Business Legal Center is available for comment.


The NFIB Small Business Legal Center  is a 501(c)(3) organization created to protect the rights of America's small business owners by providing advisory material on legal issues and by ensuring that the voice of small business is heard in the nation's courts. The National Federation of Independent Business is the nation’s leading small business association, with offices in Washington, D.C. and all 50 state capitals.

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