Wyatt Employment Law Report


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President Makes Recess Appointments to NLRB

On January 4, 2012, President Obama announced three recess appointments to the National Labor Relations Board:  Terrence Flynn, a Republican, who had earlier been nominated by the President about a year ago, but whose nomination had not been acted upon by the Democratically-controlled Senate; and Democrats Sharon Block, a Department of Labor official, and Richard Griffin, the General Counsel of the International Union of Operating Engineers.

This action was immediately challenged by various Republicans including House Education and the Workforce Committee Chairman JohnKline(R-MN) and Health, Employment, Labor, and Pensions Subcommittee Chairman Phil Roe (R-TN) who have formally asked the National Labor Relations Board and the White House Counsel to provide documents and information concerning the appointments. The information request sought details of the qualifications of the appointees, and president’s legal authority to grant recess appointments while the Senate is in pro forma session.

Kline, in his press release, predicted that the process followed by the President will lead to legal challenges to any decisions issued by the new Members of the Board.


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Proposed Budget Cuts Announced by House Appropriations Committee Chairman

By Edwin S. Hopson

On April 12, 2011, the House Appropriations Chairman, Hal Rogers, announced the proposed details of the nearly $40 billion in spending cuts agreed to last Friday for the remainder of fiscal year 2011.  Over the weekend, Rogers’ committee “went line-by-line” through each agency’s budget and came up with a detailed outline of where the cuts will take place.  See http://appropriations.house.gov

Labor, Education and related agencies are slated for a $5.5 billion or 3.36% cut from 2010 fiscal year spending levels, according to the Committee’s posting on its website.  This includes a reduction of $49 million for occupational safety and health.  In addition, all non-defense government accounts will be reduced by .2% across the board during the remainder of this fiscal year which ends September 30, 2011.

The legislation must now be voted on by both the House and Senate and signed into law by President Obama.