"The role of Congress is to ensure a balanced NLRB and the Obama Administration bypassed Congress in order to stack the NLRB in favor of Big Labor. Two different federal courts – the D.C. Circuit and the Third Circuit – have established that the NLRB is illegally constituted and has no authority to take action. The NLRB continues to ignore these rulings, and we ask the Supreme Court to compel the NLRB to immediately halt its unlawful proceedings against Cablevision."Additional background on Cablevision's filing with the Supreme Court:
- Absent Congressional approval, the illegally constituted NLRB is stacked with labor union activists who have issued biased decisions that have advanced Big Labor's agenda, reversed decades of rulings, and killed job creation while attacking employers.
- The activist NLRB is attempting to block Cablevision workers in Brooklyn from voting on whether or not to continue with union representation from the Communications Workers of America (CWA).
- Last month Cablevision filed a petition for a writ of mandamus in the U.S. Court of Appeals for the D.C. Circuit, and that petition is pending.
- Last week, the Supreme Court granted a review of the D.C. Circuit's decision in Noel Canning v. NLRB, which ruled that the NLRB cannot act unless it possesses a quorum of three validly appointed members. The D.C. Circuit decision held that the NLRB has lacked a quorum since at least January 3, 2012 and recent recess appointments by the President were not legal – Noel Canning v. NLRB decision.