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Kline, Roe Welcome SCOTUS Review of Unprecedented NLRB Recess Appointments

House Education and the Workforce Committee Chairman John Kline (R-MN) and Subcommittee on Health, Employment, Labor, and Pensions Subcommittee Chairman Phil Roe (R-TN) issued the following statement today after the Supreme Court decided to review a case challenging the constitutionality of President Obama’s so-called recess appointments to the National Labor Relations Board (NLRB):

As we’ve said from the beginning, the Supreme Court ultimately must decide whether President Obama’s unprecedented recess appointment scheme is constitutional. While we welcome the court’s review of this matter, a final outcome is still months away. Meanwhile, the board continues to issue new decisions and exacerbate the legal uncertainty threatening workers and employers across the country. As we wait for the Supreme Court to do its work, it’s time for the Senate to do its job. The House has acted. We urge the Senate to pass legislation that will prevent the board from inflicting further harm on America’s workplaces.

On April 12, the House of Representatives approved the Preventing Greater Uncertainty in Labor-Management Relations Act (H.R. 1120). Sponsored by Rep. Phil Roe, the legislation directs the board to cease all activity requiring a three member quorum until the legal uncertainty surrounding the board is appropriately resolved. To learn more about H.R. 1120, visit


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