NFIB Urges Supreme Court To Uphold Ruling Finding President Obama's "Recess" Appointments to National Labor Relations Board Unconstitutional

Date: April 25, 2013
For Immediate Release
Contact: Kelly Hoffman 202-314-2054 or

WASHINGTON, D.C., April 25, 2013 —  Executive Director of the NFIB Small Business Legal Center Karen Harned gave the following statement in response to the National Labor Relations Board (NLRB) filing a petition for certiorari in the case of Noel Canning v. NLRB with the Supreme Court of the United States.

“Earlier this year in a huge victory for small business, the DC Circuit Court agreed with NFIB and ruled that President Obama had overstepped his constitutional authority in making three “recess” appointments to the National Labor Relations Board (NLRB) in Noel Canning vs. NLRB. However, the NLRB disagreed with the court’s decision and in defiance, announced it would continue to perform its duties and issue decisions.

Small-business owners throughout the country have suffered under the unabashedly pro-union decisions handed down by the NLRB. They deserve to be protected from unconstitutional acts that exacerbate the NLRB’s devolution from a neutral arbiter between labor and employers to a pro-union government agency. NFIB urges the Supreme Court to uphold the DC Circuit’s ruling.”

Karen Harned, Executive Director of the Small Business Legal Center is available for comment.


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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