To declare that certain agency actions by the National Labor Relations Board shall have no force or effect until final disposition is made in certain actions relating to the appointment of individuals to such Board that are pending in Federal court, and to prohibit further actions by such Board until such time.

Bill: 113-hr-976
Sponsor: full_name: Rep. Womack, Steve [R-AR-3]
Introduced: 2013-03-05
Policy area: Labor and Employment
Subjects: Administrative law and regulatory procedures

Administrative remedies

Congressional oversight

Constitution and constitutional amendments

Executive agency funding and structure

Federal officials

Government employee pay, benefits, personnel management

Judicial review and appeals

Labor-management relations

National Labor Relations Board (NLRB)
Latest action: action_date: 2013-04-23
text: Referred to the Subcommittee on Health, Employment, Labor, and Pensions.

Summaries:
action_date: 2013-03-05
action_desc: Introduced in House
text: <p>Declares that any agency action taken by the National Labor Relations Board (NLRB) since January 4, 2012, shall be void unless each NLRB member has been appointed: (1) by and with the advice and consent of the Senate, or (2) by the President to fill a vacancy during a recess of the Senate. </p> <p>Terminates such requirements upon final disposition of all actions alleging as a material fact the unconstitutionality of the appointment of individuals to the NLRB that are pending before a federal court as of enactment of this Act.</p> <p>Prohibits the NLRB from taking any agency action until final disposition is made in all such actions.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 976 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Womack (for himself, Mr. Griffin of Arkansas , Mr. Crawford , Mr. Cotton , Mr. Conaway , Mr. Harris , Mr. Aderholt , Mr. Rogers of Alabama , Mr. Kingston , Mr. Westmoreland , Mr. Jones , Mr. Mulvaney , Mr. Cole , Mr. Cramer , Mr. Scalise , and Mr. Long ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To declare that certain agency actions by the National Labor Relations Board shall have no force or effect until final disposition is made in certain actions relating to the appointment of individuals to such Board that are pending in Federal court, and to prohibit further actions by such Board until such time.

1. Regulations issued by NLRB to have no force or effect pending final action in Federal court (a) Invalidity of regulations Notwithstanding any other provision of law, any agency action taken by the National Labor Relations Board since January 4, 2012, shall have no force or effect unless each member of such Board has been appointed— (1) by and with the advice and consent of the Senate, in accordance with clause 2 of section 2 of article II of the United States Constitution; or (2) appropriately in accordance with clause 3 of section 2 of article II of the United States Constitution. (b) Effective date Subsection (a) shall cease to have effect on the date on which final disposition is made in all actions that allege as a material fact the unconstitutionality of the appointment of individuals to such Board that are pending before a Federal court as of the date of enactment of this Act. 2. Prohibition on NLRB actions Notwithstanding any other provision of law, the National Labor Relations Board shall not take any agency action until the date on which final disposition is made in all actions that allege as a material fact the unconstitutionality of the appointment of individuals to such Board that are pending before a Federal court as of the date of enactment of this Act. 3. Agency action defined As used in this Act, the term agency action has the meaning given such term in section 551 of title 5, United States Code, but does not include an action taken by the General Counsel of the National Labor Relations Board under authority set forth section 3(d) of the National Labor Relations Act (29 U.S.C.153(d)).