SANDY, Ore. (AP) — An Oregon man with a case pending before the National Labor Relations Board is asking that three of the five board members be disqualified.
Richard Harman says the board members were not properly appointed by President Barack Obama. The president named three NLRB members January while the Senate took a 20-day break, allowing them to serve temporarily without being confirmed by the Senate.
Critics say Obama had no authority to make such recess appointments because the Senate was not technically in recess at the time.
Harman, a school-bus driver from Sandy, filed his challenge last week. The NLRB is refereeing a dispute between Harman and a Teamsters local.
His challenge of the recess appointments was drafted by a lawyer from the National Right to Work Legal Defense Foundation, which has also challenged them in federal court.