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Statement by AFL-CIO President Richard Trumka On Decision by the U.S. Court of Appeals for the District of Columbia Circuit on the NLRB Recess Appointments

 Today’s decision by a panel of Republican judges on the DC Circuit is nothing less than shocking.  In a radical and unprecedented decision, the court has interpreted the Constitution in a way that would deprive both Republican and Democratic presidents of a critical tool they have used hundreds of times over the years – including 179 appointments by former President George W. Bush and 139 appointments by former President Clinton - to keep agencies functioning and make the government work.  In this case, the affected agency is the National Labor Relations Board – a crucially important agency that enforces workers’ rights.   

We strongly disagree with the court’s reasoning and decision.  We fully expect this radical decision to be reversed, and that other courts addressing this issue will uphold the President’s recess appointment authority.  In the meantime, the appointees to the National Labor Relations Board remain in their jobs and the NLRB remains open for business. 

The rights protected by this agency are too important for the agency to have to operate under a legal cloud.  We urge the Senate to promptly confirm a package of nominees to the NLRB.

Contact: Josh Goldstein (202) 637-5018

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