Then-nominees and now-General Counsel Richard Griffin and Board Member Sharon Block, Obama’s two recess appointments in question, have a dubious past of advocacy on behalf of the unions and in some instances a much more sordid history. Most notably, Richard Griffin was previously a lawyer for one of the country’s largest labor unions and according to The Wall Street Journal was “named as a defendant in a federal racketeering lawsuit that claims he was complicit in covering up a union embezzlement.” On the other hand, Sharon Block worked as a labor counsel for one of organized labor's most partisan supporters and has routinely sided with them in matters before the Board. Griffin and Block’s close ties to Big Labor is categorically defined as a conflict of interest at a federal agency where the government is supposed to act as an impartial arbiter between businesses and unions.
When the National Labor Relations Board was first constituted by Congress, George Meany, the former president of the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), was vociferously against the appointment of labor lawyers who had represented either unions or employers because he believed that they would not be able to act neutrally.
Times have changed and President Obama is completely beholden to his union boss friends, which ultimately led him down this disastrous path, including nominating someone to the Board who came directly from organized labor. The President, a former constitutional law professor, knows better and his actions are those of someone exhibiting willful ignorance. More significantly it is a breach and overstep of presidential powers that our Founding Fathers sought to protect our country from.
When outside influences and special interest groups are able to successfully infiltrate the government and exert their influence over elected officials in a quest to seek preferential labor policies, it is bad for business and bad for our country. While the Supreme Court should certainly strike down Obama’s appointments as unconstitutional, it is not enough. Congress must go a step further, and take it upon itself to reform the NLRB, so that the Board and its members cannot carry the water of the President’s political donors as opposed to functioning as a reputable, taxpayer-funded independent agency, which it falsely claims to be.