Citing "Legal Uncertainty" Caused by Recess Appointments, House GOP Members Introduce Bill to Halt All NLRB Activity
1 min read
Mar 14, 2013
On March 13, 2013, GOP members of the House Education and the Workforce Committee introduced a bill intended to put a halt to all actions by the National Labor Relations Board pending resolution of the confusion caused by a recent D.C. Circuit ruling that found President Obama's "recess appointment" of two of the three current NLRB members unconstitutional. Citing the "legal uncertainty" facing employers in the wake of the D.C. Circuit's decision in Noel Canning v. NLRB, the bill, titled the Preventing Greater Uncertainty in Labor-Management Relations Act (H.R. 1120), would restrict the Board's authority to take any action until one of three events occurs: the U.S. Supreme Court rules on the constitutionality of the President's "recess appointments", a Board quorum is constitutionally confirmed, or the terms of the two "recess appointments" expire.
Committee Chairman John Kline (R-MN), made the GOP members' purpose in drafting the legislation clear:
"The president is ultimately responsible for fixing the crisis he created. While we wait for him to act, I had hoped the NLRB would cease all activity and avoid making an already difficult situation worse. Since it appears the board is unwilling to do so, Congress must intervene. "
Notably, although the bill would temporarily enjoin any further actions by the Board itself and would prevent enforcement of any action taken by the Board after January 2012, when the "recess appointments" occurred, it would not prevent NLRB regional offices from accepting and processing unfair labor practice charges or prevent workers from petitioning for union elections.
Whether the bill will grain traction in the House or Senate remains to be seen, but Congressman Phil Roe (R-TN), who introduced the bill, explained that in his and other GOP members' view, "[a]llowing the board to continue its work while its constitutional standing is in doubt is not an option. This important legislation will prevent the board from creating greater confusion and uncertainty while also ensuring other important functions of the NLRB can continue."
Featured Insights

In The News
Oct 14, 2026
Hinshaw Attorneys Contribute Rhode Island Chapter in ABA Legal Malpractice Survey

Privacy, Cyber & AI Decoded Alert
Oct 13, 2026
California’s SB 690 Removes Some CIPA Claims, But Privacy and Legal Risks Remain

Press Release
Oct 12, 2026
Two Hinshaw Partners Reappointed to the NYC Bar Association’s Consumer Affairs Committee

Press Release
Oct 9, 2026
Adam Topel Appointed Chair-Elect of the ABA’s TIPS Appellate Advocacy Committee

Press Release
Oct 8, 2026
Technology Service Corporation Closes on Acquisition by Blackstone-Backed Purchaser

Employment Law Observer
Oct 8, 2026
“We Didn’t Know” is No Longer an Employer Defense for Religious Accommodation Claims Under Title VII






