The Obama Administration, Senate Democrats and their union handlers must be concerned about the Supreme Court's hearing the issue of Obama's "recess" appointments at the National Labor Relations Board.
Frankly, based on the amount of disingenuous hyperbole being generated by left-wing union bosses and their cohorts, it appears Obama & Co. may have a loser on their hands after a second appeals court struck down Obama's "recess" appointments at the NLRB.
As evidence of their concern, there is an all out push to have the Senate confirm all five of cynically-nominated NLRB nominees--including two of the unconstitutionally-appointed "recess" appointments from 2012--even if it means Harry Reid pushing the button the "nuclear option" and effectively eliminating the filibuster.
To function, however, the NLRB only needs three constitutionally-appointed members and, with three Democrats and two Republicans, the Republican appointees don't really amount to much in the grand scheme of things any way.
The real goal of having a functioning NLRB during the Obama administration is the rewriting of the nation's labor laws through regulatory NLRB fiat and it only takes three constitutionally-appointed members to do that.
Despite the fact that the AFL-CIO wanted the NLRB shut down several years ago, AFL-CIO boss Richard Trumka is now penning op-eds (or having them ghost written for him) in the nation's newspapers clamoring for a functioning NLRB:
That doesn’t mean protecting the rights of working people as opposed to the rights of employers. It means ensuring the NLRB’s ability to promote commerce by governing the relationship between workers and employers.
The less the board works, the more America’s economy falls out of whack, as we see today with record inequality and a shrinking middle class.
On May 14, in a even more interesting twist, a "bi-partisan" (as in union and management) grouping of attorneys took it upon themselves to pen a letter to Senate Democrat (and Chair of the Senate HELP Committee) Tom Harkin to urge confirmation of all five of Obama's nominees (including the two unconstitutionally-appointed Richard Griffin and Sharon Block).
After several years of the union-controlled NLRB approving sweetheart unions, assaulting the union-free workplace in multiple decisions, and generally creating uncertainty in labor law, the "uncertainty" (or chaos) that exists with a non-functioning NLRB, while disconcerting to labor practitioners on a day-to-day basis, is not necessarily a bad thing in the long run.
After all, sometimes chaos can be a good thing if it means stymieing those with evil designs.
"Truth isn't mean. It's truth."
Andrew Breitbart (1969-2012)