Corporate Lobby Tells Businesses To Shift Cases To GOP-Friendly Court

[ProSense]

Corporate Lobby Tells Businesses To Shift Cases To GOP-Friendly Court

By Nicole Flatow

The U.S. Chamber of Commerce is capitalizing on the radical federal appeals court decision that held unconstitutional several of President Obama’s recess appointments to help businesses skirt workers’ rights in as many cases as possible. In a memo to its members, the nation’s top corporate lobbying shop urged businesses seeking to challenge rulings against them by the National Labor Relations Board to “act fast” to file their appeal in the same court that ruled in their favor – the U.S. Court of Appeals for the D.C. Circuit – so that they could invalidate adverse NLRB actions before another court steps in:

If you are involved in any case where the Board has issued an adverse decision without a proper quorum, you should consider filing a petition for review in the D.C. Circuit. Any decision of the Board can be appealed to the D.C. Circuit; however, the Board may petition for enforcement in any circuit where an alleged unfair labor practice occurred, or where an employer resides or transacts business. Because other circuits may not reach an equally favorable conclusion on the recess-appointment issue, it may benefit you to act as quickly as possible to ensure that you file your petition in the D.C. Circuit first.

In addition to urging its members to appeal all adverse rulings, the Chamber is taking its own measures to challenge NLRB actions that occurred even before Obama’s January 2012 appointments. Relying upon the sweeping and unsupported reasoning of the decision – which suggests that hundreds of recess appointments made over the last 150 years are unconstitutional – the Chamber is seeking to invalidate 2011 union rules issued by the NLRB.

But as the Chamber acknowledges in its own guidance, other circuits (and the Supreme Court) may soon come to contrary conclusions, as they have in the past. After all, the January 25 ruling by three Republican-appointed judges defining “recess” in the narrowest possible terms disregarded 150 years of modern history and the longstanding practice of presidents from both political parties of making appointments to executive branch vacancies that urgently need to be filled while Congress is out of session.

- more -

http://thinkprogress.org/justice/2013/02/05/1537061/corporate-lobby-tells-businesses-to-shift-cases-to-right-wing-court-that-struck-recess-appointments/

[Scuba]

1. We'll be suffering from the Bush appointees for decades.

[leftyohiolib]

2. companies need the help you volunteer to work for them in return for cash - they hire you

then treat you like crap then run to gop bitches when calld out on it.