Rep. Kelly Introduces Bill to Eliminate Pay for Unconstitutional NLRB Appointees

Feb 6, 2013 Issues: Government Oversight and Reform


Contact: Brad Moore

February 6, 2013



Rep. Kelly Introduces Bill to Eliminate Pay for Unconstitutional NLRB Appointees

Washington, D.C. – U.S. Representative Mike Kelly (PA-03) introduced the “Advice and Consent Restoration Act” today to eliminate the salaries of National Labor Relations Board (NLRB) members who were unconstitutionally appointed by President Barack Obama, and to block the board from taking any action until these appointees are confirmed by the Senate.  This legislation is the companion bill to S. 188, recently introduced by U.S. Senator Roy Blunt (MO).

On January 25, the United States Court of Appeals for the D.C. Circuit ruled that the Administration’s appointment of certain National Labor Relations Board (NLRB) nominees was an unconstitutional abuse of power by the Obama Administration. The court held that under the Constitution, the Senate determines when the Senate is in Recess, not the President.

However, the NLRB has made clear that it intends to carry on with business as usual in spite of the court’s ruling. It is time for Congress to reassert its constitutional authority over this process.  The Advice and Consent Restoration Act is a simple bill that does the following:

1)         Prevent individuals unconstitutionally appointed to the NLRB from collecting their $155,500 salaries.

2)         Ensure that as long as unconstitutionally appointed individuals remain in their positions, the NLRB is prohibited from performing its authorized functions.

Thirty original co-sponsors, including Rep. Steve Scalise (LA-01), Chairman of the Republican Study Committee, joined Rep. Kelly in this effort to counter the president’s illegal action, which undermines the system of checks and balances established by our Constitution.

Rep. Kelly issued the following statement:

“President Obama’s open disregard for the Constitution leaves Congress with no choice but to put a stop to the activities of the NLRB until the president follows the law and appoints individuals to the board with the advice and consent of the Senate.  This bill sends a clear message to the president that the Congress will resolutely oppose the president’s abuse of power with all the tools at its disposal.”

To read the text of the “Advice and Consent Restoration Act,” click here.

The full list of the thirty original co-sponsors is as follows: Rep. Michael Burgess (TX-26), Rep. Stephen Fincher (TN-08), Rep. Mike Pompeo (KS-04), Rep. Billy Long (MO-07), Rep. Luke Messer (IN-06), Rep. John Fleming (LA-04), Rep. Scott Perry (PA-04), Rep. Kenny Marchant (TX-24), Rep. Chuck Fleischmann (TN-03), Rep. Doug LaMalfa (CA-01), Rep. Jack Kingston (GA-01), Rep. Steve Pearce (NM-02), Rep. Pete Olson (TX-22), Rep. Cory Gardner (CO-04), Rep. Austin Scott (GA-08), Rep. Steve Chabot (OH-01), Rep. Mo Brooks (AL-05), Rep. Tom Cole (OK-04), Rep. Tom Cotton (AR-04), Rep. Walter Jones (NC-03), Rep. Diane Black (TN-06), Rep. Scott DesJarlais (TN-04), Rep. Lynn Westmoreland (GA-03), Rep. Phil Gingrey (GA-11), Rep. Mark Meadows (NC-11), Rep. Todd Rokita (IN-04), Rep. Steve Stockman (TX-36), Rep. Steve Scalise (LA-01), Rep. Trey Gowdy (SC-04), and Rep. John Duncan (TN-02).