Following the Noel Canning decision of the D.C. Circuit Court of Appeals, NLRB Chairman Mark Gaston Pearce issued a statement that the Board would proceed with "business as usual". In response, yesterday Republican Senators Mike Johanns (R-NE), Lamar Alexander (R-TN) and John Cornyn (R-TX) introduced the “Restoring the Constitutional Balance of Power Act of 2013” (S. 190). The bill would prohibit the NLRB from making or enforcing any actions that require a quorum of Board members.
The bill is not yet available online except for this copy posted at the Senator’s website. It states rather simply that:
No Federal funds may be used by the NLRB to undertake or enforce activities commencing on or after January 4, 2012, that require authorization by no less than a quorum of the members of the Board.
The bill would sunset at such time as there is seated a quorum of Board members who are approved with the advice and consent of the Senate.
This was at least the third such bill introduced this week in the wake of the ruling. Earlier, Sen. John Barasso introduced S. 180, a bill to delay the enforcement of any Board rulings; and Sen. Roy Blunt introduced S. 188, a bill to prevent the payment of salaries to Board members improperly appointed per Noel Canning.
All three bills have been designated for Committee.