The President has the authority to make appointments when the Senate is not in session, and, on January 4, 2012, during a pro forma session of Congress, President Obama appointed Sharon Block, Terence F. Flynn, and Richard Griffin to the National Labor Relations Board (NLRB).  On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled that President Obama’s so-called ‘recess’ appointments to the NLRB were unconstitutional.  Today, U.S. Representative Steve Womack (AR-3) introduced H.R. 976, a bill to stop the NLRB from enforcing the rules, regulations, and decisions it has issued since January 2012. 

Upon introduction, Congressman Womack released the below statement:

"When the President appointed the three members to the National Labor Relations Board on January 4, 2012, I – along with many of my colleagues – questioned the constitutionality of these supposed 'recess' appointments.  So did many of my constituents.  At the time, there was little we could do to address the issue. 

“But the U.S. Court of Appeals for the D.C. Circuit’s January decision gave us a basis on which to challenge the President’s appointments, and this challenge must be resolved before the Board continues its work.  That is exactly what my bill will do.  It will halt the enforcement of any decisions made by the Board since the time of the appointments, and it prevents additional rulings until the members are appointed in a manner consistent with the Constitution or until there is a final disposition in the courts.”

Original cosponsors: U.S. Representatives Robert Aderholt (AL-4), Tom Cole (OK-4), Mike Conaway (TX-11), Tom Cotton (AR-4), Kevin Cramer (ND-AL), Rick Crawford (AR-1), Tim Griffin (AR-2), Andy Harris (MD-1), Walter Jones (NC-3), Jack Kingston (GA-1), Billy Long (MO-7), Mick Mulvaney (SC-5), Mike Rogers (AL-3), Steve Scalise (LA-1), and Lynn Westmoreland (GA-3)

The final text of the bill can be found here.