NFIB Urges Supreme Court to Strike Down Unconstitutional NLRB "Recess" Appointments

Date: January 13, 2014

Washington, D.C., January 13, 2014 – Today the Supreme Court of the United States will hear oral arguments in NLRB v. Noel Canning, a case which challenges President Obama’s three purported recess appointments to the National Labor Relations Board while the Senate was conducting pro forma sessions. The National Federation of Independent Business (NFIB) Small Business Legal Center previously filed an amicus brief—along with other industry groups—with the Court, arguing that the President’s recess appointments were unconstitutional. 

“When President Obama appointed three members to the NLRB he blatantly circumvented the Congressional appointment process and overstepped his constitutional authority. And his actions have caused employers and employees alike uncertainty and unpredictability.” said Karen Harned, Executive Director of NFIB’s Small Business Legal Center. “Small-business owners deserve to be protected from the brazenly pro-union decisions imposed by the President and the NLRB. We urge the nation’s highest court to rule that the appointments were unconstitutional.”

Noel Canning is a soft drink bottler and distributor involved in a labor dispute that resulted in the NLRB finding Noel Canning violated the National Labor Relations Act by refusing to enter a collective bargaining agreement. Noel Canning petitioned the U.S. Court of Appeals for the D.C. Circuit for review of this order and also challenged the constitutionality of the alleged recess appointments to the NLRB. A three-judge panel held that these appointments violated the Recess Appointments Clause, holding that the President may only make recess appointments during intersession recesses. 

Karen Harned, Executive Director of the NFIB Small Business Legal Center, will be available for comment immediately following. 


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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