The Wall Street Journal’s Review and Outlook section discusses the effect of the NLRB’s power and arrogance.
Cablevision is petitioning the D.C. Circuit to issue a writ of mandamus—a direct court order—prohibiting the NLRB from proceeding with unfair-labor-practice complaints against it and its parent company, CSC Holdings. Cablevision’s rationale is straightforward: The same D.C. Circuit ruled in January that President Obama’s non-recess recess appointments to the NLRB were illegal. Thus, the board has been operating without a quorum since January 2012.
No matter. A defiant NLRB persists as a law unto itself, no matter how illegitimate its actions are in the wake of that decision. After the Communications Workers of America leveled charges of unfair labor practice against Cablevision, two of the labor board’s regional directors snapped to in April with complaints against the company.
Though Cablevision isn’t the first to request a writ of mandamus against the illegal NLRB, it appears to be the first to ask for an emergency stay of proceedings until the circuit court can rule. Here’s hoping the court grants that request. It’s well past time for someone to address this NLRB’s problem with judicial authority.