Last month, I wrote about the NLRB’s decision to appeal the Noel Canning case to the U.S. Supreme Court. In Noel Canning, the D.C. Court of Appeals ruled that President Obama’s 2012 NLRB appointments were unconstitutional.
Last week, the House of Representatives passed H.R. 1120: Preventing Greater Uncertainty in Labor-Management Relations Act. H.R. 1120 requires the NLRB to cease all activity that requires a quorum and prohibits the NLRB from enforcing any action taken on or after January 4, 2012. The restrictions terminate when one of three events occurs:
- all members of the NLRB are confirmed with the advice and consent of the Senate;
- the U.S. Supreme Court issues a decision on the constitutionality on the appointments to the NLRB in January 2012; or
- the adjournment sine die of the first session of the 113th Congress.
Finally, H.R. 1120 provides that if the restrictions terminate pursuant to (1) and (3) no action may be enforced unless and until it is considered by a Board with a true quorum as set forth in the National Labor Relations Act or the Supreme Court issues a decision on the constitutionality of the recess appointments.
If this bill also passes the Senate, it will likely be vetoed by the President, making it more of a Congressional statement than legislation with any potential effect.