Supreme Court Agrees to Hear Challenge to Unconstitutional NLRB Recess Appointments

Date: June 24, 2013
For Immediate Release
Contact: Kelly Hoffman 202-314-2054 or

WASHINGTON, D.C., June 24, 2013 - Executive Director of the NFIB Small Business Legal Center Karen Harned issued the following statement in response to the Supreme Court agreeing to hear the case of NLRB vs. Noel Canning. The Coalition for Democratic Workplace, of which NFIB is a leading member, had previously filed an amicus brief urging the Supreme Court to take up the case.

“This is why NFIB originally joined in the challenge in the D.C. Circuit Court. NFIB has argued that when President Obama made his three “recess” appointments to the National Labor Relations Board, he blatantly circumvented the Congressional appointment process and raised serious legal concerns that could not be ignored.

Earlier this year, the D.C. Circuit agreed with NFIB and ruled that President Obama’s so-called recess appointments were unconstitutional. However, the NLRB disagreed with the court’s decision and has continued to issue over 1,200 decisions that have impacted businesses across the country. This abuse of the recess appointment power has caused major confusion for both employers and employees of small businesses.

By ignoring the Circuit Court’s decision, the NLRB has devolved from being a neutral arbiter into a pro-union government agency. Small-business owners across the country deserve to be protected from the pro-union decisions handed down by the NLRB. The Supreme Court’s decision today to hear this case means small businesses are one step closer to getting the certainty they need to continue to grow.”

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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