If you have any questions in regards to the above, please do not hesitate to contact our offices so that we may explain the amendments to the provisions of the Code in more detail. Our address is:
Fiddler González & Rodríguez, P.S.C., P.O. Box 363507, San Juan, PR 00936-3507. Our fax (787) 759-3108.
We welcome your questions and comments.
José J. Santiago
Carlos A. Padilla
Antonio L. García
In the case of Canning v. NLRB, the Court of Appeals for the District of Columbia Circuit held that the three recess appointments to the NLRB made by President Obama on January of 2012 (See Labor Watch No. 2 of 2012) were unconstitutional. The appeals court determined that the president's authority to make appointments applies only during "the recess" of the Senate--which it defined as the period between the sessions of the Senate when it is not in session and therefore unavailable to assess and vote on presidential nominations. At the time of the appointments were made, the Senate was technically in session.
The Board has only three members at this time, from a normal five-member component. Two members, Richard Griffin and Sharon Block, were recess appointments. Board Chairman Mark Pearce issued a statement on the Court ruling expressing that the Board disagrees with the Court's decision and believes that the President's position in the matter will ultimately be upheld. The Board will continue to perform its statutory duties and to issue decisions. At this time, the decisions issued by the Board since the recess appointment are not affected, unless they were appealed to the DC Circuit Court. It is believed that the Obama administration will appeal this decision to the Supreme Court.
In other news, Board member Richard Griffin, a former general counsel for the International Union of Operating Engineers (IUOE), was named as a defendant in a federal racketeering civil suit filed by 10 members of IUOE Local 501 in Los Angeles. The lawsuit alleges that Griffin, during his tenure representing the international union, was complicit in a scheme to defraud the local. Griffin was allegedly involved in embezzlement and a cover-up. Several IUOE union officials have been convicted of corruption.
The Labor Law Group at Fiddler González & Rodríguez, P.S.C., will issue the FGR LABOR WATCH with information of legal issues and developments in areas of interest to our friends and clients. If you know anyone who would like to receive the FGR LABOR WATCH, please feel free to forward this newsletter. For more information about any matter raised in this Labor Watch, please contact your usual FGR labor lawyer or José A. Silva Cofresí at email@example.com.
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